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THE 

PENNSYLVANIA 
CITIZEN 



BY 

L. 5. SHI.U.WELL. Ph.D. 

Teacher of United States History and Civil Government, 

Hi^:: Sc':: -•:'.. Hjl rri-'rv.r; r.i 

Author of **A History of Pennsylvania," and "Border Warfare in 

Pennsylvania during the Revolution'" 



'None love their country but who love their home; 
For freedom can alone with those abide 
Who wear the golden chain with honest pride, 
Of love and duty at their own fireside." 



HARRISBl'RG, PA. 

R. L. M' & COMPANY 

: go : 



TW£ LIBRARY OF 

- J GRESS, 
Two Cu*-*£s rteceiveo 

DEC. 2 1901 

COFVfcfGHT ENTRY 

|CLA$S ^XXa No. 

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Copyright, 1895, by E. L. Myers & Co. 
Copyright, 1901, by R. L. Myers & Co. 

Shimmell's Pennsylvania Citizen. 



Reprinted September, 1895. 

Reprinted February and September, 1896. 

Reprinted June and September. 1897. 

Reprinted May. June. August and October. 1898. 

Reprinted May. September and November. 1899. 

Reprinted September, 1900. 

Reprinted July, August and October, 1901. 



« 






THE PREFACE. 



Much is said about teaching patriotism in the schools, and 
laudable efforts are made to inculcate patriotic sentiment in the 
minds of the pupils : flags float from the tops of our school-houses, 
patriotic songs resound within their walls, inspiring oratory is 
declaimed from their platforms, and the story of our national life 
is rehearsed in their class-rooms. But much of all this is mere 
sentiment, which alone will not suffice. Principles of action 
should be developed. The active duties of private and public 
life should be taught. Boys and girls should be trained in the 
art of American citizenship. Such training will make useful cit- 
izens, and a useful citizen is a true patriot. 

The exercise of citizenship — like charity — begins at home. 
It is illogical and impractical to train a boy in the duties of a 
President or a Congressman and not in the duties of a voter, a 
juryman and a local officer. The Constitution of the United 
States should be taught, but not, as has been the practice in the 
past, to the exclusion of local and State government. Boys and 
girls will take an active interest in those duties of citizenship 
that pertain to the immediate welfare of their homes and friends, 
and in them they should be first instructed. The love of home 
and friends can thereby be developed into that broader love of 
country and fellow-citizens. This principle has guided the au- 
thor in the preparation of this work. He has sought to empha- 
size local government, because it is so vitally related to national 
government. 

As to the contents, the author desires to call attention to 
the fact that in the first chapter, he has endeavored to explain 
the relation of the various goverments under which the people 
of Pennsylvania, as well as those of the other States in the 
Union, live. He deems a knowledge of that relation very es- 
sential to citizenship and to its faithful and intelligent perform- 
ance. In the second chapter is found a brief history of the 
goverment of Pennsylvania since the time when it was formed 



IV PREFACE. 

by William Penn. A knowledge of its origin and growth, and of 
its administration through more than two centuries, will beget a 
reverence for the Constitution and the laws under which we now 
live, that is very much needed by the youth of our day. The 
chapters on the State and its sub-divisions are largely drawn from 
the Constitution and the statutes. 

Chapter VII shows to what laws and authority of the United 
States goverment the citizens of a State are directly subject. A 
knowledge of the United States courts in the State, their jurisdic- 
tion and administration, of the postal system, of the internal reve- 
nue system, etc., is very important to the mutual welfare of the 
State and the Nation, as well as to the complete welfare of the 
citizen. 

Chapter VIII contains the capstone of the structure of Amer- 
ican citizenship, and a knowledge of its contents is therefore an 
essential element of citizenship in Pennsylvania. It presents all 
the leading features of the Constitution of the United States in 
an analytic form, together with numerous statutory provisions and 
historical illustrations. 

The last chapter, under the caption of " Common Things not 
Commonly Understood," contains matter explanatory of terms 
used in the book, as well as a large amount of other information 
pertaining to government. Being concisely stated and alphabet- 
ically arranged, the contents of the chapter will be found very 
useful. 

L. S. SHIMMELL. 
Harrisburg, Pa., 1 
June 12, iSgj. C 



CONTENTS. 



CONTENTS. 



Chapter. Page. 

I. The Plan of the Government of Pennsylvania, 1 

II. The History of the Government of Pennsylvania, 9 

III. Local Government, 17 

1. The Township, 17 

2. The Borough, 25 

3. The City, 27 

IV. County Government, 32 

V. State Government, 45 

1. The Legislative Department, 45 

2. The Executive Department, 49 

3. The Judicial Department, 57 

VI. Laws and Customs Governing Elections in Penn- 
sylvania, 62 

VII. The National Government as Administered Directly 

in the State, 67 

1. Its Laws and Courts, 67 

2. Its Postal System, 70 

3. Its Internal Revenue System, 73 

4. The Weather Bureau, 75 

VIII. The United States Government, 77 

1. History of the Government, 77 

2. The Legislative Department, 78 

3. The Executive Department, 82 

4. The Judicial Department, 89 

5. Miscellaneous Provisions, 91 

IX. Common Things not Commonly Understood, 97 

APPENDIX. 

The Constitution of Pennsylvania, VII 

The Constitution of the United States, XLI 

Index, LV 



TO ILLUSTRATIONS. 



ILLUSTRATIONS. 



State Capitol Buildings, Frontispiece 
The Seal of the State. 
The Coat of Arms of the State. 
Independence Hall. 



THE PENNSYLVANIA CITIZEN. 



CHAPTER I. 
THE PLAN OF THE GOVERNMENT OF PENNSYLVANIA. 

An Illustration of the Plan. — The plan of the govern- 
ment of Pennsylvania, and this, in general, is the plan 
of the other States in the Union, may be illustrated thus, 
though it must be remembered that illustrations seldom 
apply in every particular : Take a plain surface and cut 
out of it a map of Pennsylvania ; lay it down and think 
of its whole surface as State. Then lay upon the State, the 
counties (two thicknesses will now exist), and think that 
the county is to exercise in a more localized and extensive 
way State functions within each county's limits. Go 
over the State again (three thicknesses now), this time 
with the patchwork of townships, and think that the 
township is for a like purpose as the county, but more 
extended in the home affairs of the people — more localized. 
On top of the layer of townships, lay the school districts, 
which have a special school function, more localized in 
the case of wards and independent districts than the 
function of the township. Lastly, put patches of cities 
and boroughs where they belong. Cities and boroughs, 
though they may be regarded simply as townships in 
which the people are massed together, must have certain 
local powers from the State that are not needed by the 
township. 

In this illustration, the State places most of its func- 
tions in the layer next to it. Where a county is, there 
the county acts for the State — under the patch there is 
little active function, though a great deal of latent power. 
As the township is organized — a patch laid upon the 



2 PENNSYLVANIA CITIZEN. 

county — the State function as exercised by the county is 
extended and transferred to township control within the 
limits of the laws and the constitution of the State. So 
it is with each patch upon the other. When a new 
one is put on, it is for a purpose, and the organ below 
no longer exercises for the State all the functions that it 
did before. It is in this way that the State accomplishes 
its work of a goverment by the people and for the people. 

Degrees of Local Powers. — In New England the town- 
ship (called t ' town ' ' there) has very large powers of 
local goverment. The county has little to do with the 
local affairs of a township. In the Middle and Western 
States, it is more under the rule of the county ; while in 
the Southern States it has few separate powers, being a 
mere geographic division — a voting precinct. 

Origin of Local Government. — I^ocal government, with 
its various degrees of power in different parts of the 
Union, had its origin partly in the form of government 
under which the settlers had lived, and partly in the 
early conditions of life in America. The settlers of New 
England came from towns ; and the nature of New Eng- 
land soil made it necessary there for them to live in 
towns. Farming could not be carried on extensively, 
because the land was too poor. They built their houses 
close together and farmed the surrounding land in com- 
mon. But whenever a number of people live close to- 
gether, laws must be made to preserve personal rights 
and enforce personal duties. So every year the voters of 
such a town (remember town means the town proper and 
all the country round about) came together and made 
laws for its government. Thus originated the New Eng- 
land town government, with its large share of indepen- 
dence from the county 



PLAN OF GOVERNMENT. 3 

In the South, the settlers were country gentlemen, who 
in England had been accustomed to the county govern- 
ment. These likewise found the nature of their adopted 
country best suited to the form of local government 
ander which they had lived ; namely, that of the county. 
Agriculture being the main pursuit, they lived widely 
scattered on large plantations ; and the towns were few 
and at great distances apart. The county, therefore, be- 
came the unit of local government rather than the town- 
ship, and to this day, as stated before, the township in 
the Southern States has fewer powers of local government 
than it has in any other part of the Union. 

In the Middle States, the original population in its 
nationality was more mixed than either that of New 
England or of the South. The township here has neither 
the independence of the town in New England nor the 
dependence of the township in the South. Pennsylvania 
especially was settled by numerous nationalities. Several 
nations, the Swedes, the Hollanders, the English, the 
Germans, and soon after the Scotch-Irish, engaged in the 
first settlements. In religion the differences were still 
more numerous. The variety of people, religions, na- 
tions and languages was something wonderful. 

There is no record of the formation of the first town- 
ship. Penn had the right in his charter to erect towns 
and cities, and to lay out townships. The three original 
counties — Philadelphia, Chester and Bucks — were prob- 
ably planned in England. The tow r nships were laid out 
after the settlement had been made ; and their extent and 
their rights had to be adapted to all this Babel of tongues. 
Philadelphia and its suburbs from 1701 to 1854, when 
all were consolidated, furnish a good example of the 
formation of local governments in Pennsylvania. "Dis- 



4 PENNSYLVANIA CITIZEN. 

tricts," "boroughs" and "townships" arose and grew 
through those years, until there were twenty-eight of 
them, all separated from one another and all separated 
from Philadelphia ; some near, others far off; some thickly 
inhabited, others sparsely, consisting entirely of farms. 
At the time of Penn's return to England, 1684, the prov- 
ince of Pennsylvania included twenty -two townships — 
each possessing a liberal share of freedom in the manage- 
ment of its own affairs. 

The Importance of the Township. — The township is 
small, just as a brick or a stone is small compared with 
the structure of which it is a part. But without the 
brick or the stone, the building could not stand. So 
without the township, without this little self-governing 
community, our Republic can not endure. It was in the 
management of the affairs of the township that Penn's 
settlers learned the art of self-government, and acquired 
that love for independence which helped to give birth to 
the immortal document of July 4, 1776. To this day 
our Presidents, Governors, Congressmen, Legislators, 
Judges, learn their first lessons of republican government 
in their own communities. Washington was a public 
surveyor ; Lincoln, a postmaster; Johnson, an alderman ; 
Cleveland, a sheriff. 

The Character of Township Government.— Since the town- 
ship is so important to the State and the Nation, its 
management should be of a high character. If its 
people elect men to office who are dishonest, ineffi- 
cient and immoral, the whole government — State and 
National — will suffer with it. Half-baked bricks and 
disintegrated stones in the foundation will cause the entire 
superstructure sooner or later to fall to the ground. The 
treasurer of a school district should be as honest as the 



PLAN OF GOVERNMENT. 5 

State treasurer ; the justice of the peace should have as 
good common sense as the judge of the supreme court; 
the constable should be as fearless in the pursuit of law- 
breakers as the adjutant-general. The best citizens in a 
community, irrespective of party, creed or rank, should 
govern it ; otherwise it w T ill be misgoverned. 

Our Debt to the Township.— We owe the township a 
patriotic devotion — not a devotion simply to its ' ' rocks 
and rills, ' ' its * 'woods and templed hills, ' ' but to its laws, 
its property and its public benefits. The protection 
which it gives to our lives and homes should gain our 
affection. We should be so devoted to it that we never 
steal another man's horse or burn another man's barn. 
We should be so public -spirited that, when we see a big 
stone in the road or a banana peel on the sidewalk, we 
remove it for the safety of others. We should take a 
part in everything pertaining to the tow r nship's w r elfare ; 
for its welfare is our welfare. When a new school house 
is needed in a distant corner of the township we should 
advocate its erection as earnestly as we would if it were for 
our own children. In this way, by practicing the art ot 
government in a small sphere within our reach, we become 
true patriots. We learn to love order and fairness and to 
demand our rights from others and to recognize our 
duties toward them. To know all this and to practice it 
is patriotism in the highest sense. 

A Township's Powers. — A township in Pennsylvania is 
a corporation, and it can therefore sue and be sued. It can 
buy and sell, and borrow money for schools, roads, and 
other public purposes. It lays two taxes, the road tax 
and the school tax ; and in counties with no county poor 
house, it also lays a tax for the support of the poor. 
New townships can be formed by a majority of the voters 



6 PENNSYLVANIA CITIZEN. 

in the territory to be organized into a new township. 
Permission to take such a vote must be obtained from the 
court by the voters living in the proposed new township. 
Strictly speaking, it is the school district that lays the 
school tax and controls the public schools. Nearly every- 
where in the State, the township and the school district 
are co-extensive, and therefore no distinction is commonly 
made between the two. But where an independent district 
exists, it is necessarily a part of a township or of more than 
one township. The only legislative body that a township 
has is the board of supervisors. In townships of the first 
class (300 or more people to the square mile) all corporate 
power is vested in a board of township commissioners. 

The County. — The county is a division of the State, and 
is composed of a number of townships ; where boroughs 
and cities exist, these also are parts of the county. One 
county — Philadelphia — is composed entirely of the wards 
of a city. Everything that the county does through its 
officers must be authorized by the laws of the State. It 
may be termed the agent of the State to carry out the 
laws of the State in the territory which it covers. There 
are certain duties which are common to all the townships 
of a county ; such as, the care of the poor, the settlement 
of disputes, the punishment of criminals, the protection 
of life and property, and others. These duties are per- 
formed by the county as the agent or organ of the State. 

The three departments of government — legislative, ex- 
ecutive and judicial — are not distinct in the local institu- 
tions created within the State except in cities and bor- 
oughs, where we have the council, the mayor or burgess, 
and the magistrate, alderman or justice. In the county, 
the board of commissioners has a few legislative powers; 
the executive functions are not all vested in one person; 



PLAN OF GOVERNMENT. 7 

the sheriff is the chief executive officer ; the courts are 
the judicial department. 

The State. — The State is composed of counties; but 
this is only an artificial division. The State is a unit, 
which can not be divided into two or more States, or 
joined to another State, " without the consent of the leg- 
islatures of the States concerned, as well as of the Con- 
gress' ' of the United States. Certain interests are alike in 
every local division of the State. Laws for the safety of 
life and property are needed everywhere ; disturbances 
arise which require a trained soldiery to suppress ; busi- 
ness, banking, manufacturing, education, transportation, 
etc., must be regulated. All these general interests are 
directed by the State. The power which is required to 
direct these local affairs common to every community, is 
brought together in one place — at the State capital. It 
is centralized in the State govermment. This union of 
power is the State. 

The United States. — The United States is a union of all 
the States into a nation. The States are held together 
by the Constitution, adopted in 1787, in Philadelphia. 
This instrument has its authority from the States which 
are united under it. But the people constitute the State. 
The Constitution of the United States is an agreement of 
the people in the Union that all the States shall be put 
under one government, which is called the National gov- 
ernment. The preamble of the Constitution begins 
with— " We, the People of the United States/' not with, 
"We, the States of the United States." The Union, 
therefore, is something in which every man, woman and 
child in this country has an interest. The best way to 
protect our interest in it is to work for good government 
at home. 



B PENNSYLVANIA CITIZEN. 

The permanence of our great country depends on our 
home governments ; if we allow them to be mismanaged, 
the goverment at Washington will be affected by the mis- 
rule. Iyocal goverment is the fountain ; if this is polluted 
with corruption, the stream which finally flows into the 
National capital will be laden with corruption. It rests 
with the voter in the township precinct whether our be- 
loved country shall endure. 

The object of this union of States is strength. The 
single fiber of a rope has little power of resistance ; but 
when all its fibers are twisted together, they can withstand 
much. A single State could not defend itself against a 
foreign power; but as it is now, when one is attacked, 
all are; and they all combine to resist the attack. If 
every State had the right to regulate foreign commerce 
and to erect custom-houses on its borders for the collec- 
tion of taxes from the commerce of other States, strife and 
dispute would result. No doubt, if the Constitution had 
not been adopted and the Union formed, the American 
States would long ago have been broken up into as many 
different nations. We can give the object of the Union 
in no better way than it is given in the preamble of the 
Constitution, which says : 

WE, the People of the United States, in order to form a more 
perfect union, establish justice, insure domestic tranquility, pro- 
vide for the common defense, promote the general welfare, and 
secure the blessings of liberty to ourselves and our posterity, do 
ordain and establish this Constitution for the United States 
of America. 

Anai^yticai, Review . — What is the plan of the government 
of Pennsylvania? How is the power of the State localized and 
extended? What is the unit in our government? How are the 
township, borough and city related? Define function. What is 
a "town" in New England? Are townships of the same rela- 
tive importance in different parts of the Union? How did the 



PLAN OF GOVERNMENT. 9 

units originate in different parts of the Union ? What nationalities 
engaged in the first settlements? What effect would a mixture of 
nationalities naturally have on the formation of a government? 
Which were the three original counties? In what condition was 
Philadelphia before its consolidation ? What place has the town- 
ship in the structure of our government? What lessons are learned 
in the government of a township ? What kind of men should rule 
a township ? What do we owe to a township ? Give illustrations 
of what we owe ? What powers has a township ? How are new 
ones formed ? What is the relation of a township to the State ? To 
the county ? Has a county a legislative body ? What are the ar- 
tificial divisions of a State ? The divisions of a county ? Define the 
State ? What is agreed to in the Constitution of the United States ? 
On what does the permanence of our country depend ? What is the 
object of the Union ? Recite the preamble of the Constitution of 
the United States. Explain what "We," the first word of it, 
means. 



CHAPTER II. 



THE HISTORY OF THE GOVERNMENT OF PENN- 
SYLVANIA. 

"The Frame of Government."— What is known as the 
"Frame of Government," under which the Province of 
Pennsylvania was organized, was drawn up by William 
Penn, in England. He drew it up before the first 
company of colonists under his young friend, Mr. 
William Markham, the deputy governor, sailed for Amer- 
ica, in April, 1681 . This small party, which were to take 
possession of Penn's grant of land and prepare for his 
own coming the next year, all signed the "Frame of 
Government " before departing, and Penn himself signed it. 

The Spirit of the "Frame."— The spirit of Penn's "Frame 



10 PENNSYLVANIA CITIZEN, 

of Government" was thoroughly republican. "I will 
put the power with the people," he said. He had 
obtained his ideas of government from a man who was 
beheaded in England in the time of Charles II. on sus- 
picion of planning the overthrow of monarchy and 
the establishment of a republic in its place. This 
man was Algernon Sidney. He was brave enough to say 
that the execution of Charles I. was "the most just and 
bravest action that was ever done in England or anywhere 
else." Fortunate it was for the Province of Pennsyl- 
vania that its founder had taken lessons from such a hero 
and patriot as the martyred Sidney ! 

In order to appreciate thoroughly the spirit which 
Penn breathed into the "Frame of Government," let us 
hear what he said in the preface : — 

" I know some say, ' I,et us have good laws and no matter about 
the men that execute them.' But let them consider that, though 
good laws do well, good men do better ; for good laws may want 
[be in need of] good men ; but good men will never want good 
laws nor suffer [allow] ill ones. ' ' 

At another place in the ( ' Frame ' ' are found these 
words, — they have been inscribed on the walls of the cor- 
ridor in old Independence Hall, side by side with the 
Declaration of Independence : — 

"Any government is free to the people under it, whatever be 
the form, where the laws rule, and the people are a party to those 
laws ; and more than this is tyranny, oligarchy and confusion." 

In speaking of the end of all government, he said it 
is : — 

"To support power in reverence with the people, and to secure 
the people from the abuse of power ; that they may be free by 
their just obedience, and the magistrates honorable for their just 
administration ; for liberty without obedience is confusion, and 
obedience without liberty is slavery. To carry this evenness is 
partly owing to the constitution, and partly to the magistracy ; 



HISTORY OP THE GOVERNMENT. H 

where either of these fail, government will be subject to convulsion ; 
but where both are wanting, it must be totally subverted ; then 
where both meet, the government is like to endure. Which I 
humbly pray and hope God will please to make the lot of 
Pennsylvania. " 

The Plan of the "Frame."— In 1682, Penn had the ' ( Frame 
of Government ' y published. It consisted of twenty-four 
articles and forty laws. The government was vested in 
the Governor and the Freemen of the Province. The Free- 
men were to elect a Provincial Council and a General 
Assembly ; the former was to consist of seventy-two 
members ; and the latter, of all the Freemen the first 
year, and the next of two hundred of them, the number 
to be increased as the population increased. The Gov- 
ernor or his Deputy was to be the perpetual President of 
the Provincial Council and was to have a treble vote. 

The Provincial Council.— The duty of this body was (a) to 
originate bills, (b) to see that the laws were executed, 

(c) to take care of the peace and safety of the Province, 

(d) to settle the location of the ports, cities, market 
towns, roads, and other public places, (e) to inspect the 
public treasury, (f ) to erect courts of justice, (g) to in- 
stitute schools, and (h) to reward the authors of useful 
discovery. 

The General Assembly.— This body had no power to 
legislate and no privilege to debate. The bills originated 
and passed by the Provincial Council were presented to 
the General Assembly for approval or rejection ; and all 
that the members had power to do was to say a plain Yes 
or No. They could name persons for sheriffs and justices 
of the peace for the Governor to select from, being 
obliged to name twice as many as were to be appointed. 

Amendments to the "Frame."— The " Frame of Govern- 



12 PENNSYLVANIA CITIZEN. 

ment ' ' could not be amended without the consent of the 
Governor or his heirs or his assigns and six-sevenths of 
the Freemen in both the Provincial Council and the 
General Assembly. 

The First Assembly.— The First General Assembly met 
at Chester, in 1682, shortly after Penn's arrival. They 
discussed, amended and accepted the " Frame of Govern- 
ment " and its accompanying laws. To the latter they 
added twenty-one others, so that there were then altogether 
sixty-one laws on the statute books of the Province of 
Pennsylvania. Though more than two hundred years 
have passed since, yet our great Commonwealth is still 
governed by the " Great Law " enacted at Chester, mod- 
ified of course to some extent, but not greatly. 

Under the Crown of England. — From 1693 to 1694, Penn- 
sylvania was under the Crown of England. George 
Keith, a Scotch Quaker, caused a disturbance in Penn- 
sylvania by asserting that the Friends' doctrine of non- 
resistance forbade its adherents from holding office. He 
was put out of church, and fined by the Quaker magis- 
trates for insolence. He went to England, took orders in 
the Episcopal church, and charged the Quaker magis- 
trates with disloyalty to the Church of England. With- 
out good reason, Penn, too, was suspicioned of disloyalty ; 
and the Government of the Province was taken from him 
and given to Governor Fletcher, of New York. Penn's 
' ' Frame of Government ' ' was disregarded and the As- 
sembly was modeled after that of New York. In the 
course of a year Penn was restored to favor, and he again 
became Governor of Pennsylvania, administering its af- 
fairs through his friend, Deputy Markham. 

Under Penn From 1694-1718.— The Assembly called by 



HISTORY OF THE GOVERNMENT. 13 

Markham, immediately after Perm's restoration, refused to 
act under the c< Frame of Government," which had been 
set aside by Fletcher. A second Assembly did likewise, 
and Markham was obliged to agree to the formation of a 
new frame of government ; but the one then drawn up 
did not meet with Penn's favor. 

When Penn returned to America, in 1699, after an 
absence of fifteen years, he found his colonists rather 
unfriendly to him. Ruling them at so great a distance 
for so long a time had caused misunderstandings. He 
soon learned that he must give them a new form of 
government. The old " Frame" was abandoned and the 
" Charter of Privileges " given in its place. He signed 
it in 1 70 1. This new document provided for a General 
Assembly with much greater powers : it gave the people 
the power to elect some of the county officers, and it 
extended liberty of conscience to the Roman Catholics. 
The ' ' Charter of Privileges ' ' indeed was the envy of . 
neighboring colonies, so republican was it in its nature. 
Philadelphia, on the same day the "Charter" was 
signed, October 25, 1701, became an incorporated city, 
with the right to elect her officers ; before, they had been 
appointed by the Governor. Through the liberality of 
Penn, therefore, Philadelphia is the oldest incorporated 
city in the United States. 

Under Penn's Heirs, 1718-1776.— Like the sons of a rich 
man, Penn's heirs did not manage his estate so well as he 
had done. They were more interested in the revenue of 
the Province than in its welfare. After his death, 17 18, 
they went to law among themselves about their inher- 
itance. They also fought with the colonists about the 
taxes and rents ; and the Governors were in almost end- 
less quarrels with the General Assembly over legislation. 



14 PENNSYLVANIA CITIZEN. 

Concerning the veto power of these Governors, Dr. 
Franklin said : 

c< The negative of the Governor was constantly made use of to ex- 
tort money. No law whatever could be passed without a private 
bargain with him. An increase of his salary or some donation was 
always made a condition ; till at last it became a regular practice to 
have orders in his favor on the treasury presented along with the 
bills to be signed, so that he might actually receive the former be- 
fore he should sign the latter. When the Indians were scalping 
the Western people, the concurrence of the Governor in the means 
of self-defense could not be got till it was agreed that his estate 
should be exempted from taxation ; so that the people were to 
fight for the security of his property, whilst he was to bear no share 
of the burden." 

Yet through all these years of strife, the people of 
Pennsylvania fared better than those of most of the other 
colonies, for their founder had given them a charter by 
which they could retain at least the form of their govern- 
ment intact. Unlike that of her sisters, Pennsylvania's his- 
tory is not one of changes from one form of government to 
another. There are no chapters in it about a " Charter 
Oak," a " Royal Province," the "Duke of York," and 
"His Majesty's Town of New York." It is but due to 
say, however, that on one occasion, Franklin was sent to 
England to induce the King to take the Province of 
Pensylvania as his own, so put out had the colonists be- 
come with the proprietary governors. They preferred to 
be an " appenage of the Crown rather than a fief of the 
Penns." 

Under Constitutional Government. — After the colonies 
of America had declared themselves independent, July 
4, 1776, it became necessary to organize State Govern- 
ments. Accordingly, on the 28th of September, of that 
same year, the first State constitution was adopted ; and 
it went into effedl at once without a ratification by the 



HISTORY OF THE GOVERNMENT. 15 

people. The old Assembly had met for the last time on 
the 23d of September, to make one more feeble protest 
against the new order of things, but it soon died, without 
a struggle. Penn's heirs were paid $524,000 for their 
claims against the State. Then his words in the preface 
to the " Frame of Government," — "I will put the power 
with the people," — became a complete reality and Penn- 
sylvania became a "government of the people, by the 
people, and for the people," which, it is hoped, shall 
be said of our State to the end of time. 

Provisions of the First Constitution. — The General As- 
sembly consisted of only one branch. Its members were 
elected yearly. Its acts were called the "Acts of As- 
sembly" — a name still applied to our laws. The 
executive power was vested in a President, chosen an- 
nually by the Assembly and the Supreme Executive 
Council. The latter body was composed of twelve mem- 
bers elected for a term of three years and was advisory to 
the President. Another body was provided for, — the 
Council of Censors, — whose duty it was, at the end of 
every seven years, to see whether the constitution had not 
been violated. The forms of township and county gov- 
ernment remained as Penn had instituted them in the 
"Frame of Government." Indeed, few changes have 
been made in local government to this day — showing 
that William Penn is worthy of his great name in his- 
tory. 

Subsequent Constitutions. — The second constitution was 
adopted in 1790. This created an upper and lower house 
in the Legislature, and made the Governor elective di- 
rectly by the people. In these respects it was framed 
more after the Constitution of the United States. A third 
and fourth constitution were adopted respectively in 1838 



16 PENNSYLVANIA CITIZEN. 

and 1873. New constitutions become necessary to keep 
up with the progress of the times. -Lord Macaulay once 
said that ' ' the cause of all revolutions is that while na- 
tions move onward, constitutions stand still." There 
are numerous interests in our State now that did not ex- 
ist a century ago ; these all need the fostering care of the 
constitution. Nearly every year a new machine has to 
be connected with the main shaft, which propels the wheels 
of government. This year the agricultural bureau was 
established, a few years ago the banking department came 
into existence, and thus they multiply. 

The Seat of Government. — Three cities have had the 
honor of being the seat of government, — Philadelphia, 
until 1799; Lancaster, from 1799 until 181 2; and Har- 
risburg, from 181 2 to the present time. 

Anai,yTicai, Review. — What was the ' 'Frame of Government , ' ? 
Under whom did the first company of colonists come to Pennsyl- 
vania ? When ? What was it to do ? What was the spirit of the 
"Frame"? Give the quotations. From whom had Penn taken 
lessons ? What was the plan of the " Frame " ? What duties were 
put upon the Provincial Council? What do you think of the 
ground which they covered ? To what was the power of the Gen- 
eral Assembly limited ? Why do you think that body was thus 
limited ? What is the difference between making amendments to 
the Constitution now and the way in which they were made to the 
" Frame?" Why should Penn's heirs, etc., have had anything to do 
with making amendments ? When did the first General Assembly 
meet? and what did it do? Is the "Great Law " still in force? 
What disturbance put Pennsylvania under the Crown of England ? 
What difficulties had Penn when he returned ? How did he 
settle them? What greater powers were given to the people in 
the ' * Charter of Privileges ' ' ? What is said of Philadelphia as a 
city ? How did the colonists fare under Penn's heirs? What did 
Franklin say of the Governors? Which colonies had more 
changes of government during the colonial times than Pennsyl- 
vania? What change was once proposed in Pennsylvania? What 



LOCAL GOVERNMENT. 17 

is a constitutional government? What is a constitution? What 
are " Acts of Assembly " ? What was the nature of the first Con- 
stitution ? When and how was the change from colonial to con- 
stitutional government made ? When were the subsequent consti- 
tutions adopted ? How did their adoption differ from that of the 
first ? What did Macaulay once say ? What cities have been the 
capital ? 



CHAPTER III. 



LOCAL GOVERNMENT. 

The Township. 

The Justice of the Peace. — This officer may be said to 
hold court on a small scale. He is judge of the law and 
the facts. His highest duty is that of peacemaker be- 
tween his neighbors in the case of petty disputes and 
quarrels. 

Suits in which the amount in dispute is not over $300 
maybe brought before a justice; and where the amount 
involved is not over $5.33, his decision is final, and no 
appeal can be taken to the Court of Common Pleas. 

In the case of crimes the justice issues a warrant, upon 
proper complaint, for the arrest of the criminal. For 
minor offenses, after hearing the evidence, he imposes a 
fine, and in rare cases a short term in jail. For more 
serious offenses, he binds the person over to court, but 
releases him on bail until the time of trial. If the accused 
can not give satisfactory bail, or if the crime is not bail- 
able, such as murder, he is sent to jail to await trial. 

Other duties which can also be performed by a justice 
of the peace are administering oaths, acknowledging 
deeds and attesting the signatures of other documents, 



18 PENNSYLVANIA CITIZEN. 

performing the marriage ceremony, issuing search-war- 
rants, etc. In the absence of the coroner, a justice may 
hold inquests. 

The number of justices in a township is two, and the 
term of office is five years. They must be commissioned 
by the Governor ; frequently in townships with little busi- 
ness, only one takes out his commission. The jurisdiction 
of a justice extends over the whole county, but he cannot 
go about the county holding court. He is paid in fees. 

The Notary Public. — This officer protests notes, bills of 
exchange, etc., administers oaths, and takes depositions 
and affidavits. He also takes proofs and acknowledgments 
of instruments intended to be recorded. To give his acts 
authenticity, he places his seal upon them, which is 
judicially recognized all over the world. 

The notary public is appointed by the Governor for a 
term of four years. His salary consists of fees fixed by 
law. There may be a notary public appointed in every 
place having a bank or savings institution. Before he 
can receive his commission, he must pay $25 to the State 
Treasurer. Strictly speaking, this is a State office. 

The Constable. — The constable is to preserve the peace 
of the community. If unable to suppress a disturbance 
himself, he may call upon the citizens to help him. He 
must make a full report to the court as to whether the 
laws have been faithfully carried out in his jurisdiction. 

A common duty of a constable is to serve writs of sum- 
mons and warrants as directed by a justice. A writ of 
summons is a notice in a civil case to a defendant to ap- 
pear before a justice to answer a complaint. It must be 
served by reading it to the defendant or by leaving a copy 
with some adult member of the family, at his place of 
residence, at least four days before the hearing. 



LOCAL GOVERNMENT. 19 

A warrant is an order for the arrest of one accused of a 
crime. When a warrant is placed in a constable's hands, 
he must arrest the accused and take him before a jus- 
tice ; and if the accused is committed to jail, the constable 
must take him there. 

Notices and subpoenas, also, issued by a justice of 
the peace, and such as are issused by the court, may be 
served by the constable. He must put up posters of the 
township elections. With a search warrant he can search 
premises for stolen goods. He can sell a debtor's goods 
after judgment has been obtained before a justice of the 
peace. He can arrest vagrants. As a peace officer, he 
has the right to arrest without a warrant if he himself sees 
an offender breaking the law. Constables are also ex- 
ofhcio fire, game and fish wardens in their townships. 

The term of office is three years. He is paid by fees. 

The Assessors. — Every three years a valuation must ba 
put on all taxable property in the township. This is called 
the "triennial assessment." In the other two years, 
changes in the valuation must be made to include new 
buildings, additions, and other improvements in the value. 
Money on interest or invested in stocks, bonds, etc., must 
also be reported yearly. Voters owning no property 
must be assessed for their profession or occupation. 

Other duties pertaining to this office are to prepare an 
annual list of all the voters of the township for the use of 
the election officers, to be present at all elections for the 
purpose of giving information regarding the right of any 
person to vote, and to report annually to the clerk of the 
orphans' court the births and deaths in the township. 

Another duty of the assessors is to make a list of all 
children between the ages of six and tweuty^one within 
the district, and to forward the same to the county com- 



20 PENNSYLVANIA CITIZEN. 

missioners, who shall send them to the secretaries of the 
school districts. Ten days' pay is allowed to make this 
list, which may be made by the attendance officer before 
February i , by order of the school board and paid by 
them ; but another list of all children between six and six- 
teen must be made biennially by the assessors. 

The number of assessors is one principal, and as many 
assistants as there are election precincts in the township. 
The former is elected for three years ; the latter are 
elected for one year. The chief duty of the principal 
is to make the assessment of all the taxable property, 
while that of the assistants relates to elections and the 
school enrollment. Assessors receive $2.00 a day from 
the county, when actually engaged in their duties. 

The Supervisors. — The making and repairing of the 
public roads and bridges is done by the supervisors. To 
meet the expense, they lay a road tax, and collect it or 
appoint some one to collect it. A common practice is to 
work out this tax ; and a fourth of it may be paid by 
planting shade trees, $1.00 being allowed for every four 
trees planted. As supervisors can sue and be sued, they 
represent the township in a corporate capacity. 

Among the minor duties is to erect and keep in repair 
guide posts at the intersection of roads, and watering- 
troughs along the roadside, and a town-house in which to 
hold elections, store road machinery, hold meetings of 
township officers, etc. Upon the request of a land-owner 
whose land fronts upon a public highway, the supervisors 
may establish a sidew T alk, provided the land-owner pay 
for and keep the same in repair. In the absence of the 
constable, the supervisor may perform that official's duties. 

The usual number of supervisors is two, but in some 
counties, special legislation allows more. In some parts 



LOCAL GOVERNMENT. 21 

of the State the care of the roads is given to the lowest 
bidder. The term of office is one year, and the compen- 
sation $1.50 a day for actual service on the roads. For 
collection of the tax, five per cent, is allowed. 

The School Directors. — The public education of a dis- 
trict is committed to the school board. Like the 
supervisors, it is a corporate body. It determines the 
amount of money to be expended for school purposes 
and fixes the tax rate accordingly, which can not exceed 
26 mills on the dollar — 13 for school purposes and 13 for 
building purposes. One mill may also be levied for a 
free public library. For the erection of school buildings 
and for the purchase of ground therefor, the board may 
borrow money and pay the debt in annual instalments 
out of money received through the building tax. School 
facilities must be provided for all persons between the 
ages of six and twenty-one who desire to go to school ; 
kindergartens for children between three and six years 
may be established ; and all children between eight and 
sixteen years old must attend school — either a public or 
a private one — for at least seventy per centum of the 
school term in the district, provided between the ages of 
thirteen and sixteen the children are not regularly em- 
ployed If deemed necessary, the directors may — in cities 
they shall — appoint attendance officers. 

The support for the public schools is partly derived 
from the State, w T hich makes at this time (1 901) an annual 
appropriation of $5,275,000 to them. This amount is paid 
to the districts on the following basis : One-third on the 
number of teachers, not including substitutes ; Yz on the 
number of children between six and sixteen ; and T /i on 
the number of taxables. The State also gives to the State 
normal schools yearly $200,000, and to township high 
schools, $25,000. 



22 PENNSYLVANIA CITIZEN. 

The chief duties relating to the actual management of 
the schools, are the election of teachers and fixing their 
salaries, determining the length of term (at not less than 
seven months), selecting the text-books and furnishing 
them, directing what branches shall be taught outside of 
those that must be taught (Reading, Writing, Spelling, 
Arithmetic, Geography, Grammar, and Physiology), en- 
forcing compulsory attendance, and visiting the schools. 

Once every three years the school directors of the 
county convene to elect a county superintendent. They 
also have the powers of a board of health, and may ap- 
point a sanitary agent. 

The number of directors in each district is six, two of 
whom are elected annually for a term % of three years. 
Women are eligible to this office. There is no compensa- 
tion. One dollar and mileage is allowed for attending the 
election of the superintendent. The officers are a president, 
secretary and treasurer. School Directors have to take 
an oath, which they can administer among themselves. 

The Collector. — This officer does not have uniform duties 
throughout the State. In some townships he collects all 
the taxes — both county and township; in others, the 
road tax is collected by the supervisors or by a collector 
appointed by them ; so, too, school directors in some places 
have their own tax collectors ; and again, the State and 
county taxes are collected in some townships by the 
county treasurer or by his own collectors. 

The term of office is three years. His salary consists 
of a commission, varing from two to five per cent, with 
the amount and the difficulty of collecting. 

The Overseers of the Poor. — In some counties there are 
no poorhouses; where this is the case, the township elects 
overseers of the poor. Their duty is the support of the 



LOCAL GOVERNMENT 23 

poor. Help may be given to paupers in their own homes, 
or other people may be paid to provide for them, or a 
contract may be made with an adjoining county having 
a poor-house. If any one needs support continually for 
some length of time, as a person not able to work, the 
overseers require an order from two justices of the peace. 
To provide for the poor, the overseers can lay a tax. 

The term of office is one year and the number of 
overseers two. Their compensation, which is trifling, is 
paid out of the poor fund. 

The Township Clerk.— This is an office that is not always 
filled, for its duties have become few. When elected at 
all, the township clerk keeps the accounts and records of 
the supervisors. If any stray animals are found in the 
township and reported to him, he makes a record of them 
as to color and marks. 

His term of office is one year and his salary is fixed by 
the supervisors. He is also entitled to fees on entries of 
strays and for showing the township records to such as 
may wish to consult or inspect them. 

The Auditors.— The accounts of the school board, of the 
supervisors, of overseers of the poor, and of other township 
officers handling public money, must be examined every 
year by the auditors. Their report must be filed with the 
township clerk ; if no such officer exists, with the auditor 
having been in office longest. A copy of it must also be 
filed with the court and printed copies (at least five) 
must be posted in conspicuous places around the township. 

The duty of the auditors is not merely clerical ; they 
have the right to disapprove of expenditures. In case 
they do, the official who made the expenditure, must re- 
fund it to the township, or appeal to the court. 

Duties not naturally belonging to this office are fence 



24 PENNSYLVANIA CITIZEN. 

viewing and appraising of sheep when killed by dogs. In 
the case of a quarrel about building line fences, the au- 
ditors shall decide whether the old one will do ; and if not, 
what proportion of the expense of repairing it or of build- 
ing a new one, shall be borne by each party. 

The number of auditors is three, one of whom is elect- 
ed annually; their term of office is three years. Their 
compensation is $2.00 a day when they are actually in 
service. 

Election Officers. — As it is important that elections should 
be conducted honestly, certain safeguards must be thrown 
around the polls. For this purpose the election officers 
are chosen. Before opening the election, they must take 
an oath, the judge of election taking a different oath 
from that which the two inspectors take. One of the 
inspectors has charge of the registry of voters, in which 
he makes an entry of those who vote ; the other receives 
and numbers the ballots. Both the judges and the in- 
spectors have power to administer the oath to any that 
may have to be sw r orn before voting. 

After the polls are closed the returns are made up by 
the eledlion officers and sent to the proper officials, 
those of the National, State, county and city eledtions, to 
the prothonotary ; and those of the township, to the clerk 
of the courts. Judges within twelve miles of the county 
seat by wagon road or twenty -four miles by railroad, 
shall have their returns in before 2 o'clock p.m. the day 
after the election ; and all others, before 12 m. the second 
day after. 

Election officers are eledled for each voting precinct in 
a township. If the township has tw r o or more voting 
precincts , there are two or more sets of election officers in it . 
The judge belongs to the party in the majority; but the 



LOCAL GOVERNMENT. 25 

two inspectors should belong one to each of the two lead- 
ing parties. The term of office is one year. The com- 
pensation is $3.50 for an election ; it is paid out of the 
county treasury. 

Thk Borough. 

The Borough. — Whenever a village has a population so 
large that it needs separate schools, lighted streets, im- 
proved sidewalks, etc., it may set up a government of its 
own; for the township has no power to grant these things 
to a village, nor would it be inclined to grant them if it 
could. A town that has a government of its own is a 
borough. To organize itself into one, a village must pe- 
tition the court through a majority of its voters, and give 
notice thereof in one newspaper of the county for at 
least thirty days. If the judge approves the petition, the 
borough is formed. 

The Chief Burgess.— The executive power of the govern- 
ment of a borough is vested in the chief burgess. He 
enforces the ordinances of the town council. He is ex 
officio a justice of the peace and as such keeps order and 
peace. L,ike all executives, he must sign the laws, passed 
by the council, or veto them. His veto can be over-ruled 
by a two-thirds vote of the council. The foregoing are his 
duties as prescribed by the present State Constitution. 
In boroughs organized prior to 1874, the nature of his 
office, as well as that of other features of borough gov- 
ernment, is somewhat different. 

The burgess is chosen for three years and he cannot 
succeed himself. In some places he gets a small salary. 
If a vacancy occurs in this office, the court of quarter 
sessions, upon petition of the town council or any citizen 
of the borough, shall appoint a person to fill it. 



26 PENNSYLVANIA CITIZEN. 

The Council.— The council is the law-making power of 
the borough. Its laws are called ordinances. They 
relate (a) to the streets — their opening and improvement, 
their lighting and cleaning ; (b) to the protection 
of life and property — the police service and the fire ser- 
vice ; (c) to the public health — the sewering, the abate- 
ment of nuisances, and the quarantine of infectious and 
contagious diseases ; (d) to public conveniences — water 
works, light plants and cemeteries ; (e) and to other 
matters in which the public is interested. 

The council can sue and be sued. It can borrow 
money and fix the rate of interest. All bills are exam- 
ined by it before it draws an order on the treasury for 
them. It employs a clerk, who keeps its records and 
signs and publishes its ordinances and resolutions ; a 
treasurer, who receives the tax laid by it, all fines, licenses, 
and penalties, and pays its orders ; and an engineer, who 
makes the surveys necessary in grading streets, side- 
walks, etc. 

In boroughs without wards, the number of councilmen 
shall be seven and their term three years, not all, how- 
ever, being elected the same year. In larger boroughs, 
which are divided into wards (an act done by the court 
upon petition of the majority of the voters), each ward 
elects from one to three members of the council. A 
councilman serves without pay. 

Other Officers.— A borough has no supervisors, the 
council attending to the streets. When it is divided into 
wards, the court may grant it authority to elect from one 
to three school directors from each ward. Otherwise the 
borough officers are about the same as those of the 
township. 



local government. 27 

The City. 

The City.— A borough of 10,000 or more inhabitants can 
become a city, if a majority of its voters so decide. When 
a town reaches that population, it needs a government of 
more enlarged powers than a borough has. In fact, the 
government of a large city is more complex than that of 
a State, just as life itself is more complex in the town 
than it is in the country. 

In a city, people are brought together in such great 
numbers that a form of local government different from 
any other is required — a form that is more complex and 
has more extended powers. What the best plan for the 
government of cities is, has become a great problem. In 
Pennsylvania, and in some other States in the Union, all 
the powers and privileges that a city has are expressed 
in a charter granted by the State. This charter is a sort 
of constitution, which is, however, not adopted by the 
people of the city, but given to it by the people of the 
whole State. It can be amended only by the State Leg- 
islature. 

There are three classes of cities, — those of the first 
class must have a population of 1,000,000 or more ; those 
of the second, 100,000 to 1 ,000,000 ; and those of the third, 
10,000 to 100,000. This division is made for convenience 
of legislation — what would be good law for the larger 
cities might be poor law for the smaller ones. By virtue 
of this classification, laws may be passed for one class 
without interfering with the other classes. 

The Mayor. — The chief executive officer of a city of the 
first and third class is called mayor ; of the second class, 
recorder. The duties of this officer are about the same as 
those of a burgess, but owing to their greater complexity 
they are much more difficult. He must prepare annually 



28 PENNSYLVANIA CITIZEN. 

a message for councils, in which he sets forth the condi- 
tion of government, regarding its finances, its improve- 
ments, and its needed legislation. He calls special meet- 
ings of the councils when necessary. He appoints the 
heads of the various departments with the approval of the 
select council, meets with them once a month for a dis- 
cussion of the affairs of the city, and removes them from 
office if they have not been faithful to duty. 

A mayor's or recorder's greatest responsibility arises 
from his relation to the police force. As the President or 
the Governor is the head of the military, so a mayor or 
recorder controls the police. In case of a riot, he is 
charged with the duty of suppressing it with the police 
force, if possible ; if not, he must call on the sheriff of the 
county for assistance. As in the case of the burgess, the 
mayor or recorder has the powers of the justice of the 
peace. In this capacity he has much to do. In Phila- 
delphia, the only city of the first class, he delegates this 
duty to two of the magistrates (aldermen in other cities, 
and justices of the peace in boroughs) elected by the city. 
These two men alternating hold a magistrate's court every 
day in the City Hall, and thus relieve the mayor of the 
duties of a justice of the peace. 

The term of office in cities of the second and third class 
is three years ; and in cities of the first class (Philadel- 
phia), four years. He cannot succeed himself. His 
salary is fixed by the councils. 

The Councils. — The legislative department of a city is 
similar in its powers and duties to that of the borough, 
except that in cities of the first class all taxes are laid 
and all appropriations are made by it, both for mu- 
nicipal and school purposes. 

There are two councils in cities — a select and a com- 
mon council. The members of the former are elected, 



LOCAL GOVERNMENT. 29 

one from each ward, for four years (three years in Phila- 
delphia), one-half of them being elected every two years. 
The common council has two members from each ward, 
and more if the ward is very large (in Philadelphia one 
for every two thousand voters in each ward), who are 
elected for two years, one-half of them being elected each 
year. Like those of the borough, the councilmen of 
cities serve without pay. 

The Controller.— This officer performs the duties of the 
auditors in a borough and in addition countersigns all 
orders on the treasurer. He is elected by the people for 
a term of three years in all classes of cities, and his 
salary is fixed by the councils. 

The City Solicitor. — This official is the attorney for the 
city, representing it at court in civil cases and acting as 
its legal adviser whenever requested to do so. He is 
elected by the councils in joint sessions in cities of the 
third class, by the people in Philadelphia, and appointed 
by the recorder in cities of the second class. His term 
of office in cities of all classes is three years ; and 
councils fix his salary. 

The City Treasurer. — His duties are the same as those of 
a borough treasurer. He is elected by the people in cities 
of the first and third class, and appointed by the recorder 
in cities of the second class. His term of office is three 
years. Councils fix his salary. 

Aldermen and Magistrates. — In cities of the third and 
second class, justices of the peace are called aldermen, and 
in Philadelphia, magistrates. The duties and jurisdiction 
of this office in cities are about the same as they are in 
boroughs and townships. The work is greater and the 
office therefore more remunerative and important. 

The School Superintendent.— All cities and boroughs of 



30 PENNSYLVANIA CITIZEN. 

5000 or more Inhabitants can elect their own school su- 
perintendent, who has the same powers as the county su- 
perintendent. The Philadelphia schools are not under 
the general school system of the State. 

The Fire Marshal.— Cities of the third class may have a 
fire marshal, who shall be appointed by the mayor for a 
term of two years. His duty is to ascertain the cause of 
the fires that occur in the city. He has power to enter 
any building or premises wherein a fire has occurred, to 
make an examination into the cause. The chief of police 
or the chief of the fire department may be made ex-officio 
fire marshal. 

Other Officers. — The other city officers perform the same 
duties as the corresponding officers of the borough, 
except certain heads of departments in cities of the first and 
second class. These are (a) the director of public safety, 
who is the head of the police and fire departments and 
of the bureau of health ; (b) the director of public works, 
who supervises the streets, sewers, water works and gas 
works ; (c) the board of charities and correction ; (d) the 
board of assessors. In cities of the first and second class 
these are all appointed by the mayor or recorder respec- 
tively, with the approval of the select council. Phila- 
delphia has a receiver of taxes and other public dues. 
He pays them over to the city treasurer. He is elected 
by the people for three years. 

Anai^yticai, Review. — What officer is the peacemaker of a 
community ? What suits may be brought before a justice ? In 
what suits is his decision final ? What is the course of procedure 
before a justice in a criminal case? What is a warrant? What 
are the minor duties of a justice? The number of justices in a 
township? term? jurisdiction? salary? What are the duties 
of a notary public? How is he appointed? term? salary? 
Who serves writs and warrants ? Constable's general duty ? What 



LOCAL GOVERNMENT. 31 

is a writ? How is it served? How is property assessed? What 
connection has the assessor with elections? With the compulsory 
school law? Number of assessors? term? salary? etc.? What 
various ways of getting roads made and repaired ? Through what 
officials can a township sue or be sued? Can a township have 
sidewalks at the public expense'? Number, term, salary, etc., of 
assessors? Name all the corporate bodies of a township. How 
is the tax for school purposes laid ? What is the nature of the 
compulsory school law ? Chief duties of school directors? Their 
term, compensation, etc? What is said of the collector? the over- 
seers of the poor? the township clerk? How dees a township 
learn how its taxes have been expended ? Have auditors any other 
duty than to examine accounts? Number, term, salary, etc., of 
auditors? Who holds the elections and how are the duties di- 
vided among them? How are the returns made? What is a pre- 
cinct ? Salary, etc., of election officers? When and how are 
boroughs formed ? What are the duties of a burgess ? How is a 
vacancy in his office filled ? How are the laws of a borough made? 
What do they relate to ? What officials are employed by council? 
What are wards ? Has a borough like officers with a township? 
What is the difference between a city and a borough ? Why do 
cities have charters? How are cities classified? Why? What 
difference between the duties of a burgess and a mayor ? What 
ex-officio duties has a burgess or a mayor ? Does the school board 
of Philadelphia lay a school tax? What is the duty of the con- 
troller? the solicitor? the treasurer? How are these officials re- 
spectively appointed? What is an alderman? a magistrate? Is a 
State certificate good to teach in Philadelphia? What entitles a 
town to a school superintendent? What executive departments 
in cities of the first and second class ? 



Sg PENNSYLVANIA CITIZEN. 



CHAPTER IV. 
COUNTY GOVERNMENT. 

County Offices in General. — To be qualified for a county 
office, a person must have been a citizen and a resident 
of the county for at least one year before his election. 
The term of office, as a rule, is three years. The salary, in 
counties of less than 150,000 inhabitants, consists of fees 
fixed by law ; and in counties of over 150,000 inhabitants, 
it is a specified amount, the fees being paid into the 
treasury — either into that of the county or that of the 
State, as the law may direct. No salary is to be greater 
than the amount of the fees. 

The Judges and Courts. — There are two kinds of judges 
— those learned in the law and those not learned in the 
law. Whenever a county has 40,000 or more inhabitants 
it has one judge or more learned in the law, the number 
increasing with the population. Counties of less than 
40,000 inhabitants form joint districts of two or more 
counties in each. The counties of such a district have 
each two associate judges not learned in the law ; and 
the district elects one judge learned in the law, who is 
called president judge. He holds court in the counties 
of his district in turn. 

There are also different kinds of courts — Common 
Pleas, Oyer and Terminer, Quarter Sessions and Orphans' 
Courts. In counties and districts having but one judge, 
all these courts are presided over by one judge. The 
Court of Common Pleas has jurisdiction in all civil cases. 
The Oyer and Terminer (" to hear and determine ") has 



COUNTY GOVERNMENT. 33 

jurisdiction in cases of murder, treason, robbery, burglary, 
arson, and other high crimes. The Court of Quarter 
Sessions (having four sessions a year) has jurisdiction in 
cases of petty crimes, such as theft, assault and battery, 
etc. The Orphans' Court settles the estates of deceased 
persons and controls the estates of minors. Some coun- 
ties having two or more judges, elect a separate judge for 
the Orphans' Court. 

The chief duty of a judge learned in the law is to pre- 
side at the trial of cases, to conduct the trial impartially, 
to hear the evidence, to decide points of law raised in the 
progress of the trial, and to charge the jury with instruc- 
tions for making up a verdict. Other duties are the issuing 
of various writs, — of habeas corpus, of mandamus, of in- 
junction, of quo warranto, — the staying of executions, the 
granting of petitions, the issuing of naturalization papers, 
the removal of certain officials, the chartering of corpora- 
tions not for profit, such as, secret societies, hospitals, 
cemeteries, etc. 

Judges not learned in the law, or associate judges, have 
the same powers that the president judge has, but they 
seldom exercise any but a few of them. They are mainly 
advisory members on the bench. They have in a few in- 
stances undertaken to hold court, and have even been 
known to charge juries in opposition to the president 
judge. They exercise an equal voice in granting licenses 
and in establishing new roads, etc. They administer 
oaths, stay writs of execution, issue writs of habeas corpus, 
etc. As they reside in the county, their services are a 
convenience in the absence of the president judge. 

The term of office of judges learned in the law is ten 
years ; and that of the associates, five years. The salary 
of the former is $4,000, except in Philadelphia ($7,000), 



34 PENNSYLVANIA CITIZEN. 

Allegheny ($6,000), and Dauphin and Westmoreland 
f$5,ooo); that of the latter $5 a day when actually engaged. 
The Jury. — The jury, though really a part of the court, 
is so important a factor in the government of a county, 
that it deserves to be treated as of equal rank with a 
county office. It is distinctively an English institution, 
though something like the jury system is found in other 
nations. The principle from which trial by jury has 
come, is found in the Magna Charta, given to the En- 
glish people by King John in 12 15; it is as follows: 
"No freeman shall be taken or imprisoned, or disseized, 
or outlawed, or exiled, or anyways destroyed ; nor will 
we go upon him, nor will we send upon him, unless by 
the lawful judgment of his peers, or by the law of the 
land." However, as a mere custom, the jury system is 
so old in England that "the memory of man runneth not 
to the contrary.' } 

There are three kinds of juries— the Grand Jury, the 
Petit Jury and the Traverse Jury. Twenty-four men are 
summoned for the Grand Jury, one of whom is excused to 
avoid ties. The court appoints one of them as foreman. 
The number of Petit and Traverse Jurors is determined 
by the court ; it consists usually of from thirty-six to sixty 
each ; in smaller counties the same panel is used for both. 
From this number twelve are drawn to try each case as 
it comes before the court. 

The Grand Jury decides what criminal cases shall be 
brought before the court. It hears the evidence only 
for the Commonwealth, that is, the evidence against the 
accused. If a case is made out against him, the foreman 
endorses the bill of indictment, which endorsement makes 
it a " true bill." Only one witness against the accused 
is allowed to be before the Grand Jury at one time, and 



COUNTY GOVERNMENT. 35 

no one but the district attorney is allowed to be present 
during its sessions. The Grand Jury inspects annually 
all public buildings of the county — its prison, poor-house, 
court-house, etc. , and approves of the location of county 
bridges. 

The Petit Jury, which tries criminal cases, after listen- 
ing to the evidence, the pleas of the attorneys, and the 
charge of the judge, must retire to a room and make up 
their verdict without talking to anyone but the judge. 
Their verdict must be unanimous, whether it is " Guilty ' ' 
or " Not Guilty ; ' ' and in misdemeanor cases and cases 
of larceny of goods not amounting in value to ten dollars, 
where the verdit is "Not Guilty,' ' they have power to 
put the costs on the prosecutor or the defendant or the 
county, or apportion them between prosecutor and defend- 
ant. If they cannot agree, there has to be a new trial. 

In civil cases, the trial by the Traverse Jury is very 
much the same. The verdict of the jury is either " For 
the Plaintiff" or " For the Defendant.' ' In case there is 
any damage, the jury also fixes the amount, which con- 
stitutes a part of the verdict. Jurymen get $2.00 a day. 

The Sheriff. — The chief officer of the county is the 
sheriff. He is the executive power in the county. To 
him we look for the maintenance of the peace. To that 
end he has power to make arrests ; but he exercises it 
chiefly when ordered by the court. He keeps criminals 
in the county jail until their trial, and afterwards, if they 
are convicted and sentenced to the county jail. If 
sentenced to the penitentiary, they are conducted there 
by him. If sentenced to be hanged, they are hanged by 
him. In case of riot or mob, he may arrest without a 
warrant. If on such occasions he needs assistance, he 
may call on the citizens of the county to help him, and 



gg PENNSYLVANIA CITIZEN. 

they constitute what is called a posse comitaius. Should 
he still not be able to quell the disturbance, he may call 
on the Governor of the State. 

Other duties of the sheriff are to serve the writs (orders) 
of the judges, to sell property for debt when judgment 
has been given by the court and an execution (order to 
sell) has been issued by it. He also sells the property of 
delinquent taxpayers. He has charge of the jury-wheel* 
assists in drawing the juries, and notifies jurors when to 
appear in court. Notices of general elections are given 
by him in the papers and on handbills. 

He cannot succeed himself in office. He is paid by 
fees and usually has the best paying office in the county. 
Having large sums of money in his keeping, he is under 
heavy bonds, varying from $8,000 to $60,000, according 
to the population of the county. 

He must appoint a deputy with full power to act in the 
absence of the sheriff. If a vacancy occurs in the office 
of sheriff, the coroner performs the duties until the Gov- 
ernor appoints another. 

The Prothonotary. — The prothonotary is the clerk of the 
civil court — common pleas — and as such he keeps a full 
record of every case that passes through that court. He 
takes bail in civil cases and has charge of the seal of the 
court and affixes it to all papers that require it. He ad- 
ministers the oaths and affirmations to the jurors and to 
the witnesses, as well as to others who must be sworn in 
the conduct of his business. In his office is found the 
record of judgments and mechanics ' liens, which is open 
to all who want to examine it ; also the record of natur- 
alizations and that of city, county, State and National 
elections. Of the election record, except that of the city. 
he makes a copy and sends it to the office of the Secretary 



COUNTY GOVERNMENT. 37 

of the Commonwealth at Harrisburg, whence a commis- 
sion from the Governor is issued to the persons elected. 
He also keeps the register of physicians. 

He can be his own successor in office. His salary con- 
sists of fees; but if these amount to more than $2,000 a 
year, he must pay half the excess into the county 
treasury. 

The Clerk of the Courts. — The clerk of the courts is the 
clerk of the criminal courts — oyer and terminer and 
quarter sessions. He is present at the sessions and keeps 
a record of the proceedings. He calls up and swears the 
jurors and the witnesses of these courts. As under the 
law the court of quarter sessions grants liquor licenses, 
the clerk of the courts has charge of all business per- 
taining to licenses. The records of township and bor- 
ough elections are kept in this office, and certificates 
of election are issued by it to the candidates that were 
elected, except to the justices and aldermen, who are 
commissioned by the Governor. 

The salary consists of fees, and in some counties this 
office is combined with the prothonotary's, and one per- 
son is elected to perform the duties of both. 

The Clerk of the Orphans' Court. — The duties of this 
clerk can be understood from his title. In most counties 
the office is joined either to the clerk of the courts or to 
the register of wills. The salary likewise consists of fees. 

The Register of Wills. — The register of wills records and 
keeps the wills of deceased persons. A will must be 
proven to have been the lawful act of the person who is 
claimed to have made it. This official proof must be 
made before the register of wills ; it is called a probate; 
and if a dispute arises, being a judicial officer, the register 
may hear and decide the case, from which decision an ap- 



38 PENNSYLVANIA CITIZEN. 

peal may be made to the Orphans' Court. A copy of the 
will is then made and given to the executors named in 
the will. If there is no will, the register appoints an ad- 
ministrator or administrators to settle up the estate. He 
keeps a record of all the transactions of executors and ad- 
ministrators. The register also collects the collateral in- 
heritance tax and pays it into the State treasury. 

The register of wills is paid by fees, and is under bond 
for the faithful performance of his duties. 

The Recorder of Deeds. — Whenever real estate is sold, 
the deed given by the seller to the buyer should be copied 
in full in the books of the recorder of deeds. Mortgages, 
releases, charters, commissions of county officers, and 
certain other documents are also thus recorded. When 
a paper is received for record, a note of the time when it 
was presented is made on the back of it ; on mortgages 
even the hour is noted. A deed should be recorded within 
ninety days, to make it valid against a subsequent pur- 
chaser. The recorder may also take acknowledgments 
of deeds, mortgages, etc. 

The recorder is paid in fees, and must give bonds. In 
the smaller counties the offices of prothonotary, register, 
recorder, clerk of the courts, and clerk of the orphan's 
court are combined ; but in counties of 40,000 or more, 
and constituting separate judicial districts, these offices, 
except register and orphan's court clerk, are separate. 

The County Commissioners.- — The county commissioners 
are the business managers of the county. To them is en- 
trusted the care of its public property — the court house, 
the poor house, the jail and the county bridges. If any 
new public building is needed, or an addition to an old 
one, the commissioners must have the approval of two 
successive grand juries and of the court of quarter ses- 



COUNTY GOVERNMENT. 39 

sions, before making such improvements. They make 
and settle all the bills of the county, and have therefore 
the power to lay the county tax — to determine the amount 
required and to fix the rate. 

The commissioners may be appealed to when a person 
thinks the assessors have valued his property too high, and 
they verify the standard of weights and measures to pre- 
vent cheating by false balances. The polling places 
and the tickets for fall elections must be provided by the 
commissioners. When the county sues or is sued, it is 
done through the commissioners. They are also em- 
powered to borrow money. 

The commissioners are entitled to a clerk, whom they 
appoint and whose salary they fix. They also appoint 
an attorney in counties not having a solicitor, who acts 
as their lawyer. Besides these, they appoint the janitor 
for the court house, the mercantile appraiser, and two 
prison inspectors in counties where the sheriff does not 
have direct charge of the jail. All these appointments 
are for one year, except that of the prison inspectors, 
which varies, and of the clerk, which is for three years. 
The salaries are fixed by the commissioners. 

The commissioners are all elected every third year, but 
no person is allowed to vote for more than two in order 
that one of the commissioners may belong to the minor- 
ity party in the county. To transact the business of the 
county, they must meet as a board, two being necessary 
to take any action. A single commissioner can act only 
by authority of the board. As a rule they are paid for 
the time actually spent in service — $3.50 per day. In 
some few counties they receive fixed salaries. They can 
succeed themselves. 

The County Treasurer. — This officer receives (and in 



40 PENNSYLVANIA CITIZEN. 

some counties collects) the State and county taxes, and 
the fines and licenses. He must pay the State tax and 
other State moneys to the State treasurer quarterly, or 
oftener if required. The money of the county he pays 
out on orders drawn by the county commissioners. He 
must make quarterly and yearly reports of the condition 
of the treasury to the county commissioners. 

The treasurer cannot have two successive terms. He 
is paid a certain percent., generally determined by the 
commissioners, and subject to the approval of the 
auditors, on all money paid out. In some counties the 
per cent, is fixed by a special law, and in a few a fixed 
salary is paid. For embezzlement or mismanagement, 
the treasurer may be removed by the court of quarter ses- 
sions. A vacancy is filled by the county commissioners. 

The District Attorney. — The district attorney prosecutes 
persons charged with violating, within the county, the 
criminal law of the State. He draws up the indictments 
and presents them to the grand jury. If a ' * true bill " 
is found, he represents the Commonwealth in court at 
the trial of the accused ; that is, he tries to convict him. 
He can employ other attorneys to help him in the trial. 

The district attorney is eligible to re-election for suc- 
cessive terms. He must be a lawyer, and must have prac- 
ticed two years. He is paid by fees. The office generally 
is not very profitable, but as it is rich in experience, 
young attorneys especially seek it. In counties having 
more than 150,000 inhabitants, he may appoint from one 
to four assistants. 

The County Solicitor. — This is the attorney of the county 
in its civil cases; that is, in cases where the county sues 
or is sued. He is also the legal adviser of the county 
officers, more especially of the commissioners. His term 



COUNTY GOVERNMENT. 4i 

and salary are like those of the district attorney, but he 
receives his appointment from the county commissioners. 

The Coroner. — When a person's death is sudden and 
mysterious, or when it is a case of suicide or murder, it is 
the coroner's duty to investigate it. He also holds in- 
quests over the bodies of persons who die in prison. He 
calls a jury of six citizens to assist him. If the jury finds 
anyone guilty of killing a person, the accused is com- 
mitted to jail by the coroner, there to await trial. No 
inquest of persons known to be dead can be held unless 
the body has been found. 

The coroner is paid by fees and he can succeed him- 
self. In his absence, a justice of the peace may hold an 
inquest. If a vacancy occurs in the sheriffs office, the 
coroner acts until the Governor makes an appointment. 

The County Surveyor. — This office was very useful when 
the State still owned large tracts of land within its bounds. 
Whenever it sold a tract, it was the duty of the county sur- - 
veyor to make a survey of it. As all the public land is now 
sold, he has little to do except to make surveys for roads, 
bridges, and disputed claims. His pay, which consists 
of fees, is trifling ; but there is something in the name of 
the office that adds to a surveyor's reputation. He can 
succeed himself. 

The Directors of the Poor. — The directors of the poor 
have the care of the paupers in counties which have an 
almshouse and no township overseers of the poor. They 
hold monthly meetings at the almshouse and see that it 
is properly conducted. They admit inmates on an order 
from two justices cf the peace. Children between two 
and sixteen years of age must be supported outside of the 
almshouse. For special reasons, adults are sometimes 



42 PENNSYLVANIA CITIZEN. 

supported outside ; but no person who refuses to go to 
the almshouse can be so supported. 

The directors of the poor are elected, one each year, 
to serve for three years. Their salary is $100 per annum 
except in counties having special legislation. 

The Jury Commissioners. — It is the duty of the jury 
commissioners, in connection with the judge of the court, 
to meet once a year at the county seat and select a num- 
ber of persons to serve as jurors in the several courts 
during the year. The names of those chosen are written 
on slips of paper, also their occupation and residence. 
These slips are folded and placed in the jury wheel, which 
is then locked by the sheriff and secured by sealing wax. 
Whenever the sheriff receives an order from the court 
to draw a certain number of jurors for the next court, he 
and the two commissioners draw from the wheel, after 
having turned it sufficiently to intermix the slips, 
the number called for. 

At the election of jury commissioners, no person is al- 
lowed to vote for more than one candidate, in order that 
each political party may be represented in the election of 
jurors. Their compensation is $2.50 a day while engaged 
in the county's service, except in large counties, where 
it is $500 a year. 

The County Auditors. — These officers examine, compare, 
and settle the reports of the commissioners, the treasurer, 
the sheriff, the coroner, and the directors of the poor, and 
make a report to the court of common pleas. They see 
that the taxes, fines, and licenses are collected and properly 
accounted for, and they examine very carefully all bills 
paid, in order that no illegal payments are made. 

In the election of auditors the same rule must be ob- 
served as in the case of the commissioners. There ara 



COUNTY GOVERNMENT. 4;} 

three, and two only should he of one party. They get 
$3 for each day's service. 

In counties having 150,000 inhabitants and over, a 
county controller is elected to perform the duties of the 
auditors. 

The Mercantile Appraiser. — His duty is to furnish to the 
county treasurer a list of all merchants in the county, 
classified according to the amount of their annual busi- 
ness done. Upon this valuation a State tax is laid. 

The fees are fifty cents for each place of business visited 
and mileage of six cents. The appointment is made by 
the county commissioners, except in Philadelphia. 

The County Superintendent.— The official head of all the 
public schools in the county is the county superintendent. 
His duties are to hold annual examinations in all or most 
of the school districts for the purpose of giving certificates 
to persons who are qualified to teach, to visit all the 
public schools, if possible, once a year, to hold an annual 
institute for all the teachers of the county, and to make 
out an annual as well as a monthly report, for the State 
Superintendent of Public Instruction. 

The certificates granted by a county superintendent 
are of two kinds — -provisional and professional. The 
former is good for one year ; the latter for as much of the 
term of the superintendent as remains unexpired when it 
is granted and for one year thereafter. It is granted only 
to experienced teachers. 

He has power also to recommend teachers to the State 
Superintendent as worthy of a permanent certificate, 
which is granted by the State School Department to 
holders of professional certificates upon passing a satis- 
factory examination before a committee appointed by 
the State Superintendent. The county superintendent is 



44 PENNSYLVANIA CITIZEN. 

elected by a convention of the school directors of the 
county. His salary between a minimum and maximum 
of $1,000 and $2,000 is graded by the number of schools, 
provided that in counties of 1,200 square miles, or in coun- 
ties having an average term exceeding 7^ months, it 
be not less than $1 ,500. Any amount above the maximum 
may be agreed on ; but the excess is not paid by the State, 
but is deducted from the county's share of the State appro- 
priation. The county superintendent can succeed himself. 
AnalyTicai, Rkvikw. — What is the general character of a 
county office? Explain president judge and associate judges. In 
what court is a civil case tried ? a murder case ? an assault and bat- 
tery case ? are legacies recovered ? What is the chief duty of a 
judge learned in the law? of one not learned in the law? Salary 
and term of judges? History of the jury? What is an indict- 
ment ? When do costs enter into a verdict ? Explain when a ver- 
dict is " For the Plaintiff. " How does a posse comitatus come into 
existence? Who has charge of the county jail? What is a writ 
of execution? How is a vacancy in the sheriff's office filled ? In 
what office would you look for the record of a manslaughter 
case ? for the returns of a congressional election ? Why does the 
prothonotary send the record of the fall elections to the Seeretary 
of the Commonwealth? Who probates wills? How are estates 
settled when there is no will? Explain collateral inheritance. 
What kinds of papers must be recorded? What offices are com- 
bined into one in small counties? If you wanted to sue a county, 
against whom would you proceed ? What officials are in the em- 
ploy of the commissioners ? What must be the politics of the 
board of Commissioners? If a county bridge needed repairs, to 
whom would you report? How is the treasurer paid for his ser- 
vices? What is meant by " representing the Commonwealth?" 
What advantage in the office of district attorney? What is the 
solicitor's duty in a county? the coroner's? the surveyor's? Why 
are children at certain ages not allowed in the almshouse ? How 
are jurors selected? By whom are the county's accounts exam- 
ined? Why should not all the auditors be of the same party? 
Duty of mercantile appraiser? State the difference between a pro- 
visional and a professional certificate ? How is a permanent cer 
tificate obtained ? How is the county superintendent paid ? 



THE STATE GOVERNMENT. 45 



CHAPTER V. 

THE STATE GOVERNMENT. 

The State, like the National government, has three 
departments — the legislative, the executive, and the ju- 
dicial. The necessity of this tripartite form of govern- 
ment, which is common to all the States in the Union, is 
self-evident. We cannot conceive of a government by 
the people that does not have a power to make laws, a 
power to carry them out, and a power to explain what 
they mean. After a law has been made, it must be car- 
ried out or it will be a dead letter, commanding neither 
respect nor obedience. But a law is necessarily not al- 
ways understood alike. One person takes this meaning 
out of it, another that. Then again, a law may not be. 
based on the Constitution ; in that case there must be a 
power higher than the legislative and the executive, to de- 
clare it unconstitutional. To settle disputes about the 
meaning and constitutionality of laws, is the highest 
function of the judicial department and it is finally vested 
in the Supreme Court. 

The Legislative Department. 

The Nature of the General Assembly.— The legislative 
power is vested in the General Assembly, — commonly 
called the Legislature, — which consists of a Senate and 
House of Representatives. The members of the two 
bodies are chosen in the same way and by the same 
persons. There is a difference however in age and in 
term of oftice, and the number of senators is about one- 



46 "" PENNSYLVANIA CITIZEM. 

fourth of the number of representatives. In their func- 
tion, tlje two bodies differ in this, that the Senate, 
besides having the law-making power, has some degree of 
executive power as well as judicial power. It confirms 
or rejects appointments of the Governor and thereby 
assumes executive power ; it tries all cases of impeach- 
ment and is therefore also judicial in its nature. 

As stated in another chapter, the first constitution of 
Pennsylvania provided only for one house. Our fathers 
were jealous of popular rights and therefore they opposed 
every form of government in which the people could not 
be in close touch with their rulers. It was for this reason 
that they did not favor an upper house ; but time soon 
demonstrated that two houses are necessary, one to serve 
as a check on the other; and in the second constitution, 
two were created. 

This theory of the division of the legislative power 
was almost unknown to the republics of ancient times ; 
but now it is an axiom in the science of legislation. 

The Duties of the General Assembly. — It is the duty of 
the General Assembly, or Legislature, to make such laws 
as are necessary for the welfare of the State ; but it must 
make no laws that violate the constitution of the Unitec 1 
States or that of Pennsylvania. It can legislate on al 
most any subject {See Constitution, Art. j, Secy); but 
there are a few things with which it is not allowed to 
meddle {See various Sections of Art. j). 

Other duties of the General Assembly are the election 
of two persons to represent the State in the United States 
Senate ; the division of the State into representative and 
senatorial districts, as well as into judicial and congres- 
sional, once every ten years, immediately after each 
Omted States census ; the fixing of the number, duties 



THE STATE GOVERNMENT. 47 

and compensation 01 State, county and township officers ; 
the appropriation of money, the raising of revenue and 
the submitting of amendments to the constitution. 

How a Bill Becomes a Law.— (i) Bills may originate in 
either house (except revenue bills, which must come 
from the House). (2) No bill is considered unless it has 
been referred to a committee, returned therefrom, and 
printed for the use of members. (3) Every bill is read 
by the clerk on three different days, in each house, amend- 
ments to it being made on second reading and the same 
being printed for the use of the members before the final 
vote is taken on third reading. (4) After third read- 
ing the vote on final passage must be taken by yeas and 
nays and a majority of all the members elected to each 
house must be recorded as voting in its favor if it is to 
pass. (5) After having passed both houses, a bill, to be- 
come a law, must be signed by the Governor. If he 
vetoes it, he must return it to the house in which it orig- 
inated and state his objections. If it then passes both 
houses by a vote of two-thirds of all the members of each 
house (yea and nay vote), it becomes a law over the 
Governor's veto. (6) If the Governor does not return 
the bill within ten days after it has been presented to 
him, it becomes a law without his signature. But if the 
Legislature adjourns before the ten days are up, the Gov- 
ernor has thirty days after such adjournment in which to 
sign or veto all bills in his hands. 

Sessions of the General Assembly.— The General Assem- 
bly meets at 12 o'clock, noon, on the first Tuesday in 
January of every second year. The length of term is not 
fixed ; it is generally about five months. Special sessions 
can be called only by the Governor. A special session of 
the Senate alone may be called, but not of the House 



48 PENNSYLVANIA CITIZEN. 

alone. Each house has its own chamber in which to 
hold its sessions. 

Compensation of the Members.— The compensation of the 
Senators and that of the Representatives is the same, both 
receiving $1,500 for a regular session and $500 for a 
special session, regardless of the length of either. To 
this must be added $50 worth of stationery, $100 worth 
of postage stamps, and mileage at the rate of 20 cents 
per mile each way. 

The Senate.— The Senate has fifty members, — one for 
each senatorial district, — who serve four years. One-half 
of them are elected every two years. A Senator must be 
twenty-five years old ; he must have been a citizen of 
the State four years and a resident of his district at least 
one year immediately before his election. {For Appor- 
tionment of the State into Senatorial Districts, see Consti- 
tution, Article 2, Section 16.) 

The presiding officer of the Senate is the Lieutenant- 
Governor. He is not a member, and therefore can vote 
only in case of a tie. The Senate elects one of its own 
number president pro tempore, who appoints the commit- 
tees and presides in the absence of the Lieutenant-Gov- 
ernor. 

The House of Representatives.— According to the Con- 
stitution of the State, the House consists of about two 
hundred members, the exact number being determined by 
dividing the population of the State as given by the 
latest United States census, by 200. The quotient thus 
obtained is called the "ratio of population.' ' The num- 
ber of Representatives to a county is determined by divid- 
ing the "ratio of population " into its population; but 
each county is entitled to at least one Representative {Sze 
Constitution , Article 2, Section 17 ). 



THE STATF aOV^^NMENT 49 

The term of office of a Representative is two years. He 
must be twenty-one years old, while his other qualifica- 
tions are the same as those of a Senator. The presiding 
officer, or speaker, is a member of the House of Repre- 
sentatives and he is chosen by them at the opening of 
the session. He appoints the committees and has a vote 
on all questions. 

Thk Exkcutivk Department. 

The Constitution provides that the executive de- 
partment shall consist of a Governor, Lieutenant-Gov- 
ernor, Secretary of the Commonwealth, Attorney-Gen- 
eral, Auditor-General, Secretary of Internal Affairs, 
and Superintendent of Public Instruction. Three of 
these — the Secretary of the Commonwealth, the At- 
torney-General, and the Superintendent of Public In- 
struction — are appointed by the Governor ; the others 
are elected by the people. Added to the eight ex- 
ecutive officers required by the Constitution, are others 
created by acts of Assembly for the purpose of assisting 
the Governor and the other chief executive officers in 
administering the government. They are the Adjutant- 
General, the State Librarian, the Superintendent of Pub- 
lic Buildings and Grounds, the Superintendent of Public 
Printing and Binding, the Superintendent of Banking, 
the Factory Inspector, the Insurance Commissioner, the 
Secretary of Agriculture and his assistants — the Director 
of Farmers' Institutes, the Economic Zoologist, the Com- 
missioner of Forestry, and the Dairy and Food Com- 
missioner. Besides these administrative officers created 
by statute, there is also a number of State Boards, viz., 
of Agriculture, of Public Charities, of Health, of Par- 
dons, of Mine Inspectors, of Medical Examiners, of 



50 PENNSYLVANIA CITIZEN. 

Pharmaceutical Examiners, of Dental Examiners, of 
Veterinary Examiners, the Live Stock Sanitary Board, and 
others of minor importance . Nearly all of these assistant 
State officers are appointed by the Governor, for a term 
of four years. The names of the various boards indicate 
the duties to be performed by them. 

The Governor.— In the Governor is vested the supreme 
executive power of the State. His first and great duty 
is to study the wants of the State, lay them before the 
General Assembly and point out the means which in his 
opinion may be used to provide for them. He is also to 
guard the State against violent shocks and threatened 
dangers. When the laws of peace are violated in any 
part of the State to such an extent that the sheriffs can 
not keep order, he must call out the militia to quell the 
resistance and restore order. The Constitution makes 
him the commander-in-chief. 

The chief powers incidental to the office of Governor 
are to approve or veto every bill passed by the General As- 
sembly ; to appoint certain officers and fill certain vacan- 
cies ; to remit fines and forfeitures ; to grant reprieves ; to 
grant commutations and pardons, on recommendation of 
the Board of Pardons ; to call both houses or the Senate 
alone into extra session ; and to adjourn them both in 
case of disagreement between them, with respect to the 
time of adjournment, to such a time as he shall think 
proper, not exceeding four months. 

The Governor's term of office is four years, and he 
cannot succeed himself. He must be thirty years old, a 
citizen of the United States, and must have been a citizen 
of the State for seven, years next preceding his election. 
His salary is $10,000 a year and a free residence in the 
Executive Mansion at Harrisburg. 



THE STATE GOVERNMENT. 51 

The Lieutenant-Governor. — This officer, as the name in- 
dicates, takes the place of the Governor in case of the 
death, resignation, removal, or disability of the latter, 
and his qualifications and term of office are therefore the 
same as those of the Governor. He presides over the 
sessions of the Senate, but has no vote unless the Sen- 
ate is equally divided, because he is not a member of that 
body. He is a member of the Board of Pardons. His 
salary is $5,000. 

The Secretary of the Commonwealth. — No officer of the 
State stands in closer relation to the Governor than the 
•Secretary of the Commonwealth. Nearly all the official 
documents of the former pass through his hands, because 
a record of them must be kept in the State Department. 
The Secretary is the keeper of the State seal, and he af- 
fixes it to all such documents as the law requires, and 
countersigns them. To him as custodian are entrusted 
all laws passed by the Assembly, together with the veto 
messages of the Governor ; all bonds of officers commis- 
sioned by the Governor; the returns of National, State 
and county elections ; and the records of all commissions, 
appointments, corporations chartered for profit, death 
warrants, respites, pardons, etc. He too is a member of 
the Board of Pardons. In the State's relations to other 
States and to the United States, the Secretary of the 
Commonwealth performs the same duties as the Secre- 
tary of State in the President's Cabinet. 

The term of office is four years unless the Governor 
chooses to remove him. His salary is $4000. He also gets 
fees and extra compensation on various State boards, so 
that his salary is the highest paid by the State, amount- 
ing to $15,000 and over. 

The Attorney-General. — The Attorney-General is the at- 
torney for the State and as such he is the legal adviser of 



52 PENNSYLVANIA CITIZEN. 

the Governor and of the heads of the various departments. 
In lawsuits to which the State is a party, he represents 
the State. He is a member of the Board of Pardons and 
an official visitor of the State penitentiaries. 

His term of office is four years, but the Governor may 
remove him at any time. The salary is $3,500 and fees. 

The Auditor-General. — He makes an annual examination 
of the State treasury and settles all accounts between the 
State and any person, officer, department, association, or 
corporation. He has power to compel persons to settle 
their accounts, to examine witnesses under oath, and to 
commit them to prison if they refuse to testify or to pro- 
duce any books, papers or documents. The fiscal year 
closes November 30th, and immediately thereafter, he 
publishes a report of the State's finances. 

The Auditor- General is elected for three years and he 
cannot succeed himseif. His salary is $4,000 and extra 
compensation for services on State boards. 

The State Treasurer. — The duty of this officer is to re- 
ceive and receipt for all moneys paid into the State treas- 
ury and to pay all warrants drawn by the proper officers. 
He furnishes the Auditor- General a statement on the first 
day of each month, showing the condition of the treasury, 
and he makes an annual report to the General Assembly. 

Owing to the responsible nature of this office, its in- 
cumbent is under bond to the amount of $500,000. The 
term of office is two years and it cannot be held two suc- 
cessive terms by the same person. The salary is $5,000, 
exclusive of compensation for extra sendees. 

The Secretary of Internal Affairs.— This office, before the 
Constitution of 1873 had been adopted, w r as known as the 
Surveyor General's, and it includes therefore, among other 
things, the records of original deeds and surveys cf all 



THE STATE GOVERNMENT. 53 

the lands as made when they were acquired by the State 
while it was yet a colony of Great Britain and afterwards, 
as well as the records of all deeds to the purchasers of 
the land. In this office are found also the surveys of 
county lines, state and turnpike roads, railroads and canals, 
and the records of the organization of the counties. 

As now constituted the Department of Internal Affairs 
includes the Laud Office, the Bureaus of Vital Statistics, 
of Industrial Statistics, of the State Weather Service, of 
Assessments, and of Railroads, Mines, Canals, Telegraphs 
and Telephones. The vital statistics relate to births, 
marriages and deaths; the industrial, to the relation of 
capital and labor and to the educational, industrial, and 
social condition of those engaged in manual labor. The 
object of the State Weather Service is to aid the 
United States Service in distributing its forecasts through 
the State, especially among the farmers. The bureau of 
assessments keeps a record of State and county rates of 
taxation, of the assessed value of real and personal prop- 
erty taxable for State and county purposes. The bureau 
of railroads, etc., keeps a record of the annual reports 
made by those corporations, concerning their capital, in- 
debtedness, amount of business done, rates of transporta- 
tion, number of accidents to employes and passengers, 
and many other facts of value to the public. 

The term of office is four years and the incumbent may 
succeed himself. His salary, except for extra services, is 
$4,000. He is the fourth member of the Board of Pardons. 

The Superintendent of Public Instruction. — It is the duty 
of this officer to exercise a general supervision of all the 
public schools of the Commonwealth. He commissions 
county, city and borough superintendents and conducts 
the State Normal School examinations. When asked to 



54 PENNSYLVANIA CITIZEN. 

do so, he explains points in the school law to directors, 
superintendents and teachers. Besides the normal school 
diploma, he issues a permanent certificate to holders of 
professional certificates who have passed an examination 
before a board of examiners appointed by himself; this is 
valid for life in the county for which it is issued and in 
any other county in which the county superintendent 
may endorse it. The State Superintendent signs all or- 
ders for money to be paid out of the State appropriation 
for the common schools. 

He is appointed by the Governor for four years. His 
salary is $4,000. 

The Adjutant- General. — The Adjutant-General is the 
chief of the Governor's staff" ; through him the latter issues 
his orders to the National Guard of the State, and he 
must see that the Governor's orders are carried out. He 
must make an inspection of the guard at its annual en- 
campment. 

The National Guard is not the whole militia, only the 
part that is organized, drilled, and under arms. All the 
male citizens of the State between the ages of 18 and 45 
years constitute the militia, except such as are exempted 
by law. The guard consists of one division, commanded 
by a major-general and divided into three brigades, each 
under a brigadier-general. 

The Adjutant- General is appointed by the Governor 
for four years and his salary is $4,000. 

The State Librarian. — This official has charge of the 
State library, which contains about 100,000 volumes, 
classified as law, State papers, and miscellaneous works. 
He receives all moneys appropriated to it and disburses 
them according to his judgment. Two hundred copies 
of each of the public documents of the State are given to 



THE STATE GOVERNMENT. 55 

him for exchange with other States in the Union and 
with foreign countries. 

The State Librarian must be a person of literary and 
bibliographic knowledge. He is appointed by the Gov- 
ernor for four years and gets a salary of $2,500. 

The Superintendent of Public Grounds and Buildings.— 
Pie has charge of the Capitol buildings and grounds, 
makes the necessary repairs and improvements, employs 
laborers for that purpose and gives orders to the watch- 
men employed to act as police around the grounds and 
buildings. He is responsible to the Board of Public 
Grounds and Buildings, composed of the Governor, Audi- 
tor-General, and State Treasurer. 

He is appointed by the Governor for a term of four 
years at a salary of $3,000 per annum. 

The Superintendent of Public Printing and Binding. — It 
is his duty to receive and take charge of all reports made 
to the Governor by the heads of departments, and have 
the same printed by the State Printer. He shall also ar- 
range all matter ordered to be printed by the Legislature, 
or either branch thereof, and supervise the printing of 
the same, causing it to be done in a prompt and work- 
manlike manner. 

He is appointed by the Governor for four years and 
receives a salary of $2, coo per annum. 

The Superintendent of Banking.— It is his duty to see 
that the laws relating to banks and banking companies, 
trust companies, savings banks, and every other corpora- 
tion receiving money on deposit, incorporated under the 
laws of the State, are carried out. 

He shall examine at least once a year, and oftener if 
he thinks proper, their books, papers, and affairs in gen- 
eral. They shall make quarterly statements to him show- 



56 PENNSYLVANIA CITIZEN. 

ing their resources and liabilities and publish the same 
three times in a local newspaper, to secure the people 
against losses. 

The Superintendent of Banking is appointed by the 
Governor for four years at an annual salary of $6,000. 
He shall not be interested as officer or stockholder in any 
corporation under his supervision. 

The Factory Inspector. — The duties of this officer are to 
enforce the laws relating to the employment of women 
and children in mercantile and manufacturing establish- 
ments. He sees that no minor or adult woman is em- 
ployed in such establishments for more than sixty hours 
in any week ; that no child under thirteen is employed in 
them at all ; that no minor who cannot read and write 
English be employed unless he produces a certificate of 
having attended a day or evening school for sixteen weeks 
in the preceding year ; and that the elevators, belts, pul- 
leys and shafts are properly guarded to protect the life 
and limb of those employed. He also inspects the sani- 
tary arrangements, the means of egress — fire escapes and 
doors — and condemns them if not sufficient. 

He is appointed by the Governor for three years at a 
salary of $3,000 and is entitled to a number of assistants, 
not over twenty, five of whom shall be women. 

The Insurance Commissioner. — This officer enforces the 
insurance laws, and keeps on file a copy of the charters 
of the various companies doing business in the State. 
Those from other States must get from him a certificate 
of authority to do business in this State. 

The Insurance Commissioner is appointed by the Gov- 
ernor for three years at a salary of $3,000 per annum. 

The Secretary of Agriculture. — It is the duty of this of- 
ficer to promote the development of agriculture, horticul- 



THE STATE GOVERNMENT. 57 

ture, forestry, and kindred industries. He is to ascertain 
what grains, fruits, grasses, and other crops are adapted 
to the various soils of the State and to what diseases they 
are liable. He is also to make a study of stock and 
poultry for the benefit of the public. He is ex-officto sec- 
retary of the State Board of Agriculture and must there- 
fore keep in close relation to the agricultural societies of 
the State. Another important work of this department 
is the protection of the forests against fires and other 
depredations, and the planting of new wood-lands. 

The Secretary of Agriculture has four assistants : a 
Director of Farmers' Institutes, an Economic Zoologist, 
a Commissioner of Forestry, and a Dairy and Food Com- 
missioner. 

The Secretary and his assistants are appointed by the 
Governor for a term of four years ; the former gets a 
salary of $3,500 ; the Director of Institutes, $3,000 ; and 
each of the other three, $2,500. 

The Judicial Department. 

The Judicial Power.— The judicial power of the State is 
vested by the Constitution in a supreme court and in the 
county courts and in such other courts as the General 
Assembly may establish. When there are disputes as to 
what a law means when applied to a special case or as to 
whether a law is constitutional or not, an appeal may 
be made from the county court to the superior or the 
supreme court. The decision given in the supreme court 
is final as well as that given in some cases by the superior 
court ; and in similar cases all the county courts of the 
State must thereafter follow this decision as long as it is 
not reversed. Most of the cases before the supreme and 



§8 PENNSYLVANIA CITIZEN, 

the superior court are brought before them by appeal from 
the county courts. 

It is seen, therefore, that the judicial power of the 
State is extended to other than the central institutions ; 
namely, to the county court and to the justice's court. 
But as the judges and o her officers of the county courts 
are elected by the counties over which their jurisdiction 
extends, these courts are commonly called county courts, 
while the superior and the supreme court alone are known 
as the judicial department of the State. All judges are 
paid out of the State treasury. 

The Jurisdiction of the Supreme Court.— The jurisdiction 
of the supreme court extends over every county in the 
State and the judges thereof can hold a court of oyer 
and terminer in any county of the State. There are but few 
kinds of cases that may be begun in the supreme court. 
{See Constitution, Article 5, Section j>). Its work is con- 
fined almost exclusively to appeals from county courts 
and the superior court. Either party to a civil suit may 
make the appeal. A criminal suit may be appealed by 
the defendant ; but he must first obtain permission from 
one of the supreme justices, a provision which serves as 
a check against numerous and unnecessary appeals. 

The Manner of Trial.— The witnesses are not present at 
the trial, nor is there a jury. The evidence given before 
the lower court, and all the other proceedings, are 
printed in pamphlet form and presented to the supreme 
court for examination. No new evidence is admitted ; 
the court simply reviews the case as disposed of by the 
lower court, hears the arguments of the lawyers, and 
then gives its decision, which must consist of the opin- 
ions of a majority of the justices. From this decision 
there is no appeal, unless the case involves the constitu- 



THE STATE GOVERNMENT. 59 

tion or laws of the United States ; in that event there is 
an appeal to the United States courts. 

The Reports of the Supreme Court.— Next in importance 
to the Acts of Assembly are the Supreme Court Reports. 
Lawyers and judges must be learned in the latter as well 
as in the former. The decisions of the supreme court,, 
as long as they have not been reversed, are the law for all 
subsequent cases of the same nature. They are compiled 
by the reporter of the supreme court, an officer appointed 
by the Governor for a term of five years. 

The Justices of the Supreme Court. — There are seven 
justices. They are elected by the people for a term of 
twenty-one years, but they are not eligible for re-election, 
The justice who has been on the supreme bench longest 
is the chief justice. The sessions are held in Philadel- 
phia, Harrisburg and Pittsburg to accommodate the dif- 
ferent sections of the State. The salary of the chief jus- 
tice is $8,500 a year; that of the associate justices, $8,000. 

The Superior Court. — Owing to the great amount of w r ork 
to be done by the supreme court, the superior court was 
established in 1895 to relieve the former. It has no 
original jurisdiction, except to issue writs of habeas cor- 
pus. It has exclusive and final appellate jurisdiction in 
all appeals formerly allowed to the supreme court in the 
following cases : 

{a) In all proceedings of any kind in the courts of 
quarter sessions, except in cases involving the right to a 
public office. 

(jb) In all cases of the oyer and terminer courts, ex- 
cept felonious homicide, which is appealed directly to the 
supreme court. But before either of these two classes of 
cases can be appealed, the consent of a judge of the su- 
perior court must be obtained. 



60 PENNSYLVANIA CITIZEN. 

(V) All other actions, claims, or disputes in which the 
amount involved is not greater than $1,500, except cases 
brought by the attorney-general in his official capacity, or 
cases relating to a public office. 

But in all these cases there may be an appeal from the 
superior to the supreme court, if the jurisdiction of the 
superior court is in question ; if the constitution of the 
United States or its statutes are involved ; if the con- 
struction or application of the State constitution is in- 
volved ; or if an appeal in any case is specially allowed by 
the superior court. 

The manner of trial is the same as that of the supreme 
court; and a record of its proceedings is likewise kept 
and published by the State. 

The superior court consists of the same number of 
judges as the supreme court, namely, seven. They are 
elected by the people for a term often years. The judge 
who has been longest on the superior bench is the chief 
judge. The sessions are held in Philadelphia, Pittsburg, 
Harrisburg, Scranton, and Williamsport, at least once a 
year in each city. The salary of the judges is $7,500 per 
annum. 

Anai,yticai, Review. — Explain the necessity of the tripartite 
form of government. What is the reason for having two houses 
in the General Assembly ? What should be the purpose of our 
laws? By what is the validity of a law tested? Why are U. S. 
Senators elected by the Legislature? Explain apportionment. 
Why don't the counties and the townships fix the salaries of their 
officers, just as the cities and boroughs do ? How does a bill be- 
come a law? What do you know of the sessions of the Legislature 
and the compensation of its members? What is the difference be- 
tween the presiding officers of the two bodies ? Between the num< 
ber of members ? Name the executive departments required by 
the constitution. By statute. What State boards have been or- 
ganized ? Chief duty of the Governor ? Duties incidental to the 



THE STATE GOVERNMENT. 61 

office ? Why should a Governor not succeed himself? How is a 
convict pardoned ? reprieved ? What kind of papers are kept on 
file by the Secretary of the Commonwealth ? What is said of the 
salary of this office? What are the duties of the Attorney-Gen- 
eral? of the Auditor-General? of the State Treasurer? How did 
the office of Secretary of Internal Affairs originate? What are its 
departments now ? What important financial duty is attached to 
the office of Superintendent of Public Instruction ? What officials 
does he commission ? Explain the National Guard. Size of the 
State Library ? How are the State's public documents exchanged 
with those of other States ? What are the duties of the Superin- 
tendent of Public Grounds and Buildings? of Public Printing and 
Binding? of Banking? of the Factory Inspector? of the Insurance 
Commissioner? What departments are included under the office 
of Secretary of Agriculture ? In what courts is the judicial power 
of the State vested ? Which are the appellate courts ? How is a 
criminal suit appealed ? a civil suit? How is the trial conducted 
before the superior or the supreme court ? Why are the reports of 
these courts important ? What cases must be appealed to the su- 
perior court? to the supreme court? From the superior to the 
supreme court ? How are the superior and the supreme court 
constituted ? Where do they hold their sessions ? 



62 PENNSYLVANIA CITIZEN. 



CHAPTER VI. 



LAWS AND CUSTOMS GOVERNING ELECTIONS 
IN PENNSYLVANIA. 

Nominations. — The original method of electing officers 
in this country was for the voters to go to the polls on 
election day and cast their ballots for whomsoever they 
regarded as best fitted for the various offices to be filled. 
Of course, there was some understanding as to who was 
running for office ; but the men to be voted for had not 
been decided on before the election as they are now. With 
the division of the people into political parties, came the 
system of nominations now so generally in use. In order 
to be voted for, a man must be on the ticket of his party; 
in other words, he must be nominated by a party. How- 
ever, the right to vote for a candidate of his own choice, 
is not denied to the voter ; but such a candidate stands 
little chance of election. 

Conventions. — Nominations are generally made in con- 
ventions held by the various parties. There are State, 
county, township, borough and city conventions; though 
in townships and small boroughs they are simply meet- 
ings of the leading voters of the parties. 

The State convention nominates the candidates for 
State offices and Presidential electors, and selects dele- 
gates-at-large to the Presidential convention. Its dele- 
gates are elected by the county convention^ unless a 
county has some other way of nominating its officers. 
The parties hold their State conventions from three to 



LAWS AND CUSTOMS GOVERNING ELECTIONS IN PA. 63 

five months before the election, so as to give the people 
ample time to choose among the candidates. Besides 
making nominations, the State convention adopts a plat- 
form of party principles that are to be carried out if the 
candidates nominated are elected. 

The county convention nominates the candidates for 
county officers and selects delegates to the State con- 
vention . County delegates are selected by those voters who 
belong to the party about to hold a convention. The latter 
meet for that purpose in their respective voting precindls 
at a time fixed by the rules of their party. At this dele- 
gate or primary election, as it is called, the delegates are 
frequently instructed for whom they shall vote in the con- 
vention. 

Direct Nominations. — In some counties, nominations are 
not made by conventions, but by a direct method known 
as the " Crawford County System," named after the 
county in which it was originated. By this system the 
voters who attend the " primaries,' ' vote directly for the 
candidates of their choice ; the ones receiving the high- 
est number of votes in the whole county, are nominated. 
This is a favorite method with the people ; for the dele- 
gates to a convention cannot always be relied on to do 
the will of those that send them. 

The Campaign.— A very interesting and exciting feature 
preliminary to an election, is the campaign. Its purpose 
is to interest the people in the issues before them and to 
explain to them the platforms of the parties. To carry 
on this work, committees are appointed by the different 
parties. There are State committees, county, city, and 
even township committees. The first of these is an im- 
portant organization, composed of one member from each 
county and appointed by the State convention. The 



64 PENNSYLVANIA CITIZEN. 

chairman of the State committee is selected by the candi- 
dates nominated for the State offices. These campaign 
committees also fix the time and place of holding con- 
ventions. 

The Election.— There are two annual elections held in 
Pennsylvania; one on the first Tuesday after the first 
Monday of November, the other on the third Tuesday of 
February. The former is held for National, State and 
county officers ; and the latter, for township, borough 
and city officers. The polls open at 7 a. m. and close at 
7 p. M. 

The manner of conducting elections in this State is 
prescribed by what is known as the " Baker Ballot Law," 
a modification of the "Australian Ballot Law." The 
ballots used must be only those prescribed by this law ; 
for the November election, they are furnished by the 
county ; for the February election, by the township, bor- 
ough or city. To have its candidates printed on these 
ballots, a party must, at the previous election, have 
polled at least two per cent, of the highest number of 
votes cast for any State office. Independent candidates 
may also have their names printed on the ticket, provided 
they present nomination papers signed (in the case of a 
State office) by at least one-half of one per cent, of the 
highest number of votes cast for any State office ; and 
(in the case of any other office) by at least two per cent, 
of the highest number of votes cast for any office in the 
district for which the independent nomination is made. 
There are also blank spaces on the ballots wherein a vote! 
may write the names of candidates of his own choice. 

Any person desiring to vote must give his name and 
residence to the election officers. If such name is found 
on the assessor's list, the person is allowed to enter the 



LAWS AND CUSTOMS GOVERNING ELECTIONS IN PA. 65 

space enclosed by the guard rail, where a ballot is handed 
to him. He then retires to one of the voting shelves and 
prepares his ballot by marking a cross (x) opposite the 
party name, or opposite the name of the candidate of his 
choice for each office to be filled, or by inserting in the 
blank space provided therefor any name not already on 
the ballot, and in case of a question submitted to the vote 
of the people, by marking a cross (x) against the answer 
which he desires to give. Before leaving the voting 
shelf, the voter folds his ballot without displaying the 
marks thereon in the same way it was folded when re- 
ceived by him, gives his ballot to the election officer in 
charge of the ballot box, who, without unfolding the 
ballot, numbers it as required by the Constitution to pre- 
vent fraud, placing the said number in the right hand up- 
per corner of the back of the ballot immediately to the 
left of the folding line printed thereon. The election of- 
ficer then at once folds the corner and fastens it securely 
down with the adhesive paste to cover the number on the 
ballot that it cannot be seen without unfastening or cut- 
ting open the part fastened down. He then deposits the 
ballot in the box. The number written on the ballot is 
also written opposite the voter's name on a list made out 
as the votes are cast. 

Every party or group of citizens making nominations, 
has a right to have three watchers appointed for each dis- 
trict. These must be commissioned by the county com- 
missioners, and only one from each party shall be allowed 
in the election room at the same time. The watchers 
have a right to remain in the election room, but outside 
the guard rail, from the opening of the polls in the morn- 
ing until after the votes have been counted, and the 
returns made out and signed by the election officers. 



66 PENNSYLVANIA CITIZEN. 

The Qualifications of a Voter.— (a.) He must be a male 
at least twenty-one years of age. 

(£.) He must have been a citizen of the United States 
at least one month. 

(V.) He must have resided in Pennsylvania one year 
immediately before the election, or if, having previously 
been a qualified voter in the State, he having removed 
therefrom and returned, then six months. 

(d.) He must have resided in the election district 
where he wants to vote at least two months immediately 
before the election. 

(<?.) He must have paid, unless he is voting on age, a 
State or county tax within two years, which was assessed 
two months, and paid at least one month, before the elec- 
tion. 

(/.) He must be registered by the assessor, which reg- 
istration must be made at least sixty days before the elec- 
tion. And no man shall be permitted to vote whose 
name is not on said list, unless he proves by the oath of 
at least one qualified voter in his district and by his own 
oath, his right to vote. 

Anai,yticai, Review. — What was the original method of elect- 
ing officers? What gave rise to nominations? Classify conven- 
tions. How is the State convention formed? the county conven- 
tion? Explain direct nominations. What is the object of the 
campaign ? Give the dates of our elections ? State how an elec- 
tion is conducted ? What is the distinguishing feature of our pres- 
ent election law? What is the law in regard to independent can- 
didates ? What are the qualifications of a voter? Must he be able 
to read and write ? Why should a man have to live two months at 
least in a district before he can vote in it ? Why should a man 
have to pay a State or county tax some time within two years be- 
fore voting? 



THE NATIONAL GOVERNMENT IN THE STATE. 67 



CHAPTER VII. 



THE NATIONAL GOVERNMENT AS ADMINISTERED 
DIRECTLY IN THE STATE. 



Its L,aws and Courts. 

United States Laws in the State. — All the people in the 
State are subject to certain United States laws. If the 
National government should lay a direct tax, the law 
would apply to every property owner in Pennsylvania ; 
but the local tax-collectors would not collect the tax ; 
federal officers would be appointed for that purpose. The 
National government has no power to compel the State, 
or the local governments under the States, to collect its 
taxes. If in time of war more troops are needed than 
will volunteer, as was the case in 1863, the National gov- 
ernment orders a draft ; it appoints marshals to make an 
enrollment of the men subject to the draft, and organizes 
those drafted into companies and regiments. If a dis- 
turbance, such as the railroad riots of '77 and '94, breaks 
out and the local and State authorities cannot put it down , 
the President of the United States assists in putting it 
down ; and any locality thus occupied by federal troops, 
is under martial law of the United States for the time 
being. Besides these, we have other federal laws ; such 
as, the postal laws, the internal revenue laws, the patent 
laws and copyright laws — all of which are in force every- 
where. 

United States Courts in the State. — Cases arising in the 



68 PENNSYLVANIA CITIZEN. 

State under the United States laws are tried by courts 
similar to those of the State. The lowest regular courts 
of the United States are the district courts, of which there 
are some sixty throughout the Union. Pennsylvania has 
three, one each for the eastern, middle and western part 
of the state. The eastern holds its sessions at Philadel- 
delphia ; the middle at Harrisburg, Williamsport and 
Scranton ; and the western at Pittsburg. One judge is 
appointed by the President for each district. The next 
higher United States courts are the circuit courts, of which 
there are nine, the entire Union being divided into nine 
judicial districts. For each of these also the President 
appoints two or three judges ; besides, the nine justices of 
the Supreme Court, whose sessions are held at Washing- 
ton, must distribute the nine circuits among themselves 
and hold a court at least once in two years in each of them. 
The circuit whose jurisdiction extends over our State is 
the Third and comprises Pennsylvania, New Jersey and 
Delaware. Its sessions for Pennsylvania are held at 
Philadelphia, Scranton, Williamsport, Erie and Pitts- 
burg. 

The officers of the U. S. Courts Resident in the State. — 
For the district court and for the circuit court, in the 
State, clerks are appointed by the respective judges. 
There is a clerk resident in each of the cities where the 
district courts meet and one in each of the cities in which 
the circuit court holds its sessions. The clerks have 
charge of the seals, records and papers of the court. 

A district attorney is appointed by the President for 
each of the three district courts for a term of four years. 
It is his duty to prosecute in his district, both in the cir- 
cuit and district court, all criminals and offenders under 
the authority of the United States, and to represent the 
United States in all cases where it is a party. 



THE NATIONAL GOVERNMENT IN THE STATE. 69 

The President also appoints a marshal for a term of 
four years, whose territorial jurisdiction is identical with 
that of the district attorney. It is his duty to serve and 
execute all processes and orders issued by the United 
States courts in his district. The duties of the marshal 
are like those of the sheriff in the county, or the constable 
in the township. He ma3^ appoint deputies for perma- 
nent or temporary service. 

Another important officer of the United States courts is 
the commissioner. Each circuit judge has power to appoint 
as many persons of good judgment to this office as he may 
deem necessary in his district. Their chief duty is to 
take evidence for the trial of cases and to arrest and hold 
for trial persons accused of crime against the United 
States. A justice of the peace or an alderman may act as 
a commissioner; in which case, though a State officer at 
the time of making an arrest for the United States govern- 
ment, he is a United States officer and is responsible to the 
latter government for his acts. This is a very necessary 
provision ; for if the United States mail, for instance, is 
robbed, it is important that the nearest justice of the 
peace should have power to issue a warrant for the arrest 
of the criminal. 

The jurors for the district and circuit courts are selected 
from the various counties comprising the judicial district. 
Two commissioners in each district make the selection. 
The grand jury is composed of not less than sixteen nor 
more than twenty-three men; the traverse jury, of twelve. 
A man cannot be summoned oftener than once in two 
years to act as juror of the federal courts. 

The Jurisdiction of the United States Courts. — Most of 
the crimes and offenses against the United States may be 
tried in either the district or the circuit court — capital 



70 PENNSYLVANIA CITIZEN. 

crimes only in the latter. Suits about patents or inventions 
and the copyrights of books, must be brought for trial be- 
fore the circuit court, likewise suits between citizens of dif- 
ferent States and suits under the revenue and postal laws. 
Appeals from the district courts are made mostly to the 
circuit court, in some instances to the Supreme Court. 
Appeals from the circuit court are made to the Supreme 
Court. 

Its Postal Service. 

History of the Serrice. — The most extensive business of 
the State and of the United States is the postal service. 
Before the 17th century, governments did not carry private 
letters ; the business was done by individuals, just as any 
other business. About the time of the settlement of the 
American colonies, the government system of carrying 
mail was introduced in England; but it was not until 
1704 that anything was done for the colonies in that di- 
rection. In that year, the office of postmaster-general for 
America was created. It remained however for Benja- 
min Franklin, who was made deputy postmaster-general 
in 1753, to make the system worth anything. Under his 
management it paid all expenses and a surplus and there- 
fore became a fixed and popular thing in the colonies. 
In 1775 the Continental Congress organized a system in- 
dependent of the British and appointed Franklin post- 
master-general ; and when the Constitution had been 
adopted, Congress recognized the Post Office Department 
as already existing and no law was passed to create it. Its 
head however did not become a member of the Cabinet 
before Jackson's administration. 

Offenses Against the Postal Laws. — As the government 
has undertaken to carry the mail of the people as cheaply 



THE NATIONAL GOVERNMENT IN THE STATE. 71 

as possible, it must protect itself by law against competi- 
tion and against fraud. To this end a penalty is attached 
to a number of acts, of which the following are the most 
liable to be committed : — 

(a.) Using stamps in payment of postage which have 
been previously used for like purposes. 

(b.) Fraudulent attempt to evade the payment of 
postage. 

(c.) Establishing private express for the conveyance 
of letters or packets, or aiding therein. 

(d.) Sending letters by private express or delivering 
them for transmission thereby. 

(e.) Carrying letters out of mails or securing them for 
such purpose. 

(/.) Intercepting or secreting letters. 

(jr.) Selling stamps for more or less than the lawful 
price. 

(h.) Sending anything indecent. 

(z.) Doing any kind of lottery business. 

(/.) Etc. 

Classification of Mail Matter. — There are four classes of 
mail matter, rhe first class consists of written matter, — 
letters and postal cards, — and all matter wholly or partly 
in writing. Typewritten letters are included, unless they 
are of the nature of a circular. No writing or printing is 
allowed on the address side of a postal, nor may anything 
except an address label be posted or attached to it. The 
postage on this class is 2 cents for each ounce or fraction 
thereof. The second class consists of newspapers and all 
other periodicals which are issued at stated intervals, at 
least four times a year. The postage is 1 cent a pound 
or fraction thereof. Weekly newspapers within the 
county of publication are free, except when addressed to 



72 PENNSYLVANIA CITIZEN. 

a free delivery office therein. Newspapers and periodic- 
als sent by others than the publisher or news agent, must 
be stamped at the rate of i cent for each 4 ounces or 
fraction thereof. The third class includes all other 
printed matter; such as, books, circulars, proof sheets, 
etc. The rate of postage is 1 cent for each 2 ounces or 
fraction thereof. Seeds, cuttings, roots, scions, and 
plants are sent at this rate also. The fourth class em- 
braces all other matter of a nature not liable to destroy, 
deface, or otherwise damage the contents of the mail bag, 
or harm the person of anyone engaged in the postal ser- 
vice. The packages must not exceed 4 pounds, except 
for a single book, which may weigh more. The postage 
is 1 cent an ounce. 

Classification of Postmasters. — The classification of post- 
masters is made on the basis of salary received by them. 
The first class embraces those whose annual salaries are 
$3,000 and upward; the second class, those whose an- 
nual salaries are between $2,000 and $3,000; the third 
class, those whose annual salaries are between $1,000 and 
$2,000; the fourth class, those whose annual compensa- 
tion, exclusive of their commissions on the money-order 
business, amounts to less than $1,000. The salaries of 
the first three classes are graded on the gross receipts of 
the offices. Offices doing from $1,900 to $8,000 business 
pay from $1 ,000 to $1 ,900 salary ; from $8,000 to $40,000, 
$2,000 to $2,900 salary; from $40,000 to $600,000 and 
upwards, salary $3,000 to $6,000. The postmaster of 
New York city gets $8,000, irrespective of the foregoing 
grading. Fourth class postmasters are paid upon the 
basis of box rents collected and stamps canceled on mat- 
ter actually mailed at their offices. They get all the box 
rent, and a commission on stamps canceled. If their 



THE NATIONAL GOVERNMENT IN THE STATE. 73 

gross receipts are only $50 or less per quarter, they get all 
of them. Some fourth class offices pay less than $5 a 
year. 

Postmasters of the fourth class are appointed by the 
Postmaster- General ; all others are appointed by the Presi- 
dent and confirmed by the Senate. Their term of office 
is four years. 

The Intern ai. Revenue. 

What it is. — The taxes for the United States govern- 
ment are not direct taxes but indirect taxes ; that is, the 
individual is not taxed for its support as he is for the sup- 
port of the State and county. The federal government 
has a right to lay a direct tax ; but as a rule it makes use 
of that power only in time of war, when its expenses are 
great. In ordinary times it raises its taxes from two 
sources : from goods imported from foreign countries and 
from articles produced or manufactured in this country. 
The tax on the former is known as the tariff, or custom 
duties; that on the latter, as the internal revenue. Both 
of these are collected in the States; but as customs are 
paid only at seaports, Pennsylvania has only two cities in 
which custom houses are located, — Philadelphia and 
Erie, — while internal revenue collectors are found all 
over the State. 

Tilings on Which the Internal Revenue Tax is Levied.— 
The articles subject to tax under the internal revenue 
laws are alcoholic liquors, tobacco, cigars, cigarettes, snuff, 
oleomargarine, filled cheese, the circulation of banks, etc. 
There is also a special annual tax levied on distillers and 
brewers, on manufacturers of cigars, tobacco and oleo- 
margarine, and on wholesale and retail dealers in alco- 
holic liquors, oleomargarine, tobacco in certain quantities, 
filled cheese, mixed flour, etc. 



74 PENNSYLVANIA CITIZEN. 

Collection Districts. — For the purpose of assessing, levy- 
ing, and collecting internal revenue taxes, collection dis- 
tricts are formed by the President. In Pennsylvania 
there are four ; together they comprise all the counties in 
the State. For each of these, the President appoints a 
collector, who must be a resident in the same. Deputies 
are appointed by the collector, to assist him in the per- 
formance of his duties. 

Duties of the Collectors. — The chief duty of the collect- 
ors is to collect all taxes imposed by law. The deputies 
are required to make frequent visits to distilleries, brew- 
eries, tobacco and cigar manufactories, and all places 
where taxable objects are kept. In order to detect fraud, 
they must thoroughly acquaint themselves with distilling 
and brewing, with the manufacture of cigars and tobacco, 
and with the difference between butter and oleomargarine. 
If any illicit distilling is known to exist, they must seize 
the stills and secure the arrest of the operators. 

The taxes imposed upon the circulation ot national 
banks are returned and paid directly to the Treasurer of 
the United States; the revenue collectors have nothing 
to do with them. 

Other Officers in the Revenue Service.— The revenue from 
distilled liquors is so much greater than that from any 
other source, that every safeguard must be placed around 
its collection. To this end, other officers beside the col- 
lectors are appointed. They are the gaugers and store- 
keepers, who receive their appointment from the Secretary 
of the Treasury, to which department the revenue system 
belongs. The gauger measures the volume and determines 
the proof (strength) of distilled liquors and puts upon 
each cask or package gauged by him all the marks, brands 
and stamps required by law. The storekeeper, jointly 



THE NATIONAL GOVERNMENT IN THE STATE. 75 

with the proprietor, has charge of the distillery ware- 
house. He keeps the government key, and the ware- 
house must at no time be unlocked except in his pres- 
ence. He must make a daily report of all spirits received 
in the warehouse and withdrawn from it. His chief duty 
is to see that no liquor is withdrawn without his knowl- 
edge ; for the tax on distilled spirits is not due before the 
same are withdrawn, provided they are withdrawn within 
three years from the date of deposit. While spirits are in 
the warehouse they are said to be in bond. The bond is 
an obligation given by the distiller to the government, 
with one or more sureties, that he will pay the tax before 
removing the liquor from the warehouse. 

The Weather Bureau. 

Its History. — The Weather Bureau formerly belonged 
to the War Department, it having been a part of the Sig- 
nal Corps. The latter was devised by Gen. A. J. Myers 
to give signals in the army and navy by means of flags 
by day and torches and rockets by night. One of the 
first uses of the Signal Service was to warn military com* 
manders of the approach of storms. To do this the con- 
dition of the atmosphere had to be observed and in that 
way the present Weather Bureau sprung into existence. 
It was established by an act of Congress in February, 
1870; and was transferred from the War Department to 
the Agricultural Department in 1891. 

Its Extent. — Its growth has been wonderful, both in ex- 
tent and usefulness; though it must be admitted that 
more progress has been made in the facilities of the 
Bureau than in its scientific knowledge. There are now 
about five hundred stations in the country. Pennsyl- 
vania has four regular ones; they are in Philadelphia, 



76 PENNSYLVANIA CITIZEN. 

Pittsburg, Erie and Harrisburg. Beside these, some 
sixty volunteer observers make monthly reports of tem- 
perature, pressure, deposits, etc. One or more of them is 
located in nearly every county. Those in charge of 
the regular stations are trained and intelligent observers; 
they telegraph their observations to Washington two and 
three times a day. There the Bureau studies the reports 
and makes up the forecast of the weather for the next 
twenty-four hours. This is wired to every portion of the 
country and posted up in the railroad stations and post 
offices in cities, towns and villages. The indications of 
the Weather Bureau have become almost as indispensable 
to agriculture, shipping and other interests as the market 
and stock quotations are to the merchant and speculator. 
Anai,yTicai, Revikw. — What is a direct tax? Who collects 
U. S. taxes? When is a draft made? When is a community un- 
der martial law ? Give examples of U. S. laws in operation in 
every township. What U. S. courts have direct jurisdiction in a 
State? What officials are connected with the U. S. courts in a 
State? What local officials may act as U. S. officials? What 
reason for this provision? How are the jurors selected for the U. 
S. courts ? In what court is a patent right case tried ? a case of 
mail robbery? murder on the high seas? assault and battery on 
Lake Brie at Erie ? Have mails always been carried by govern- 
ments? What is the history of our own Post Office Department? 
Name the most common violations of the postal laws. Give clas- 
sification of mail matter. What is the postage on a newspaper 
weighing 4 ounces, sent by a friend to another friend ? On a book 
weighing five pounds ? On a package of dry goods weighing a 
half pound? What does your postmaster get a year? How much 
business does your post office do ? Who gets the box rent in a 1st 
class office? in a 4th class office ? Who appoints your postmaster? 
How does the government raise its revenue? What is internal 
revenue? On what is internal revenue levied at the present time? 
How is it collected ? What is a <c moonshiner ' '? a gauger ? a store- 
keeper? Explain the phrase "in bond." Give history of the 
Weather Bureau. Its extent. How many stations in Pennsyl- 
vania ? How are the reports made ? 



THE UNITED STATES GOVERNMENT. 77 



CHAPTER VIII. 



THE UNITED STATES GOVERNMENT. 

History of the Government. 

The Continental Congress. — The first great bond of the 
American Union was formed in Carpenters Hall, Phila- 
delphia, September 5, 1774. This bond was the Conti- 
nental Congress. As all the colonies but Georgia were 
represented at its first session, the Continental Congress 
at once became a general form of government. 

The Declaration of Independence. — On July 4, 1776, the 
Continental Congress took the next great step in the 
formation of our present government. It adopted the 
Declaration of Independence and gave the colonies the 
title of a nation; namely, " The United States of 
America.' ' Each State was independent, but not sover- 
eign, for all acknowledged that they must stand by the 
general government vested in the Continental Congress ; 
but there was no organic union. 

The Articles of Confederation. — Just before the Declara- 
tion of Independence, plans for a union were presented to 
Congress, by Dr. Franklin. But nothing was done before 
April, 1777. From that time the subject of union was 
debated two or three times a week, until November 
15th following, when thirteen Articles of Confederation 
were adopted. These Articles of Confederation were the 
basis of our Republic for nearly twelve years. 



78 PENNSYLVANIA CITIZEN. 

The Constitution — After the close of the Revolution, 
The Articles of Confederation were no longer sufficient 
for the government of the United States. Congress was 
powerless to collect taxes for the payment of the immense 
war debt; even the States themselves had difficulty in 
collecting their own taxes, as Shay's Rebellion showed. 
All that Congress had power to do under The Articles of 
Confederation was to recommend measures to the States ; 
it could not demand anything of them. A trade conven- 
tion met at Annapolis, September, 1786, to consider a 
better system of commercial regulations for the States. 
This convention, composed of delegates from only six 
States, did a great thing for the United States; for, be- 
sides attending to the business stated in the call, it sug- 
gested that another convention meet for the purpose 
of revising The Articles of Confederation. Accordingly, 
in May, 1787, all the States but Rhode Island sent dele- 
gates to Philadelphia, where the convention assembled in 
Independence Hall, with George Washington as presi- 
dent. It soon appeared that a revision of The Articles 
of Confederation was out of the question ; and so the 
convention framed the present Constitution, which was 
finally adopted September 17, 1787. By July 26, 1788, 
eleven States had ratified it, two more than necessary to 
make it binding — and it went into effect March 4, 1789. 
North Carolina and Rhode Island followed respectively 
November 21, 1789, and May 29, 1790. 

The Legislative Department. 
the senate. 
Number of Members. — There are at present ninety Sena- 
tors, two being chosen from each State by the Legislature 
thereof, for a term of six years. 



THE UNITED STATES GOVERNMENT. 79 

Qualifications of a Senator. — A Senator must be at least 
thirty years old ; he must have been a citizen of the 
United States for nine years ; when elected he must be 
an inhabitant of the State from which he is chosen. 

Classes of Senators. — Senators are divided into three 
classes as nearly equal as possible. The terms of one- 
third of them expire on March 4th of each odd year. In 
order that their terms may expire at different times, Sena- 
tors of the same State are assigned to separate classes. 

Presiding Officers. — The Vice-President of the United 
States is the regular presiding officer of the Senate. He 
has no voice in its deliberations, except in case of a tie 
vote. A president^? tempore is chosen to preside dur- 
ing the absence of the Vice-President. Being a member 
of the Senate, he may vote on all questions while presid- 
ing. 

Trial on Impeachment. — The Senate has the sole power 
to try impeachments. To convict, two-thirds of the 
members present must favor conviction. If the President 
of the United States is on trial, the Chief Justice of the 
Supreme Court presides. 

Vacancies. — Vacancies in the Senate are filled by the 
State Legislature when in session, or by the Governor of 
the State when the Legislature is not in session. 

Compensation. — The salary of a Senator is $5,000 a 
year. The president pro tempore is paid at the rate of the 
Vice-President's salary — $8,ooo per year — if he takes the 
latter's place any length of time. 

THE HOUSE OF REPRESENTATIVES. 

Number of Members. — There are now three hundred and 
eighty-six Representatives. They are chosen every second 



80 PENNSYLVANIA CITIZEN. 

year. The qualifications required to vote for a Repre- 
sentative in Congress are the same as those required to 
vote for a member of the more numerous branch of the 
State Legislature. The term of the Representatives be- 
gins March 4th of each odd year. The sessions of Con- 
gress are held at least once a year — beginning on the first 
Monday of December. 

Qualifications of a Representative. — A Representative 
must be at least twenty-five years old. He must have 
been a citizen of the United States seven years, and must, 
at the time of his election, be an inhabitant of the State 
from which he is chosen. 

Apportionment. — Representatives and direct taxes are 
apportioned among the States according to their popula- 
tion. For convenience, the States are divided into con- 
gressional districts each having one Representative. 
The ratio of representation is one Representative for 
every 196,941 people in the United States, as based on 
the census of 1900. It is sometimes found inconvenient 
to adjust the boundaries of Representative districts in a 
State when its number of Representatives has been in- 
creased. Pennsylvania had twenty-eight Representa- 
tives for the ten years preceding 1893. The census of 
1890 gave the State thirty Representatives, but instead 
of changing the number of Representative districts, the 
additional members were chosen from the State at large 
till 1903. Representatives chosen in this way are known 
as the Representatives-at- large. 

The Officers. — The House of Representatives chooses its 
Speaker from its own members, and appoints other nec- 
essary officers. The speaker has a vote on all questions 
because he is a member of the House. He is the third 
officer of the Government in point of rank, and the 



THE UNITED STATES GOVERNMENT. 81 

second in point of power. As he names all the commit- 
tees of the House, he shapes the legislation of that body 
to a great extent. 

Vacancies.— When vacancies occur by death, resigna* 
tion or otherwise, they are filled by a special election for 
that purpose, ordered by the Governor of the State. 

Compensation.— A Representative gets $5,000 a year; 
the Speaker, $8,000 a year. Mileage of twenty cents a 
mile to and from the Capital, once for each session, is al- 
lowed. 

Exclusive Powers.— All bills for raising revenue must 
originate in the House of Representatives but the Senate 
may propose or concur w 7 ith amendments. Revenue is 
tax. A direct tax, which is either a tax on land or a 
poll tax, can not be levied upon the States except in pro- 
portion to the population as shown by the last census. 
Direct taxation is resorted to only in times of war, when 
the expenses of the government are very great. In 
ordinary times all the revenue is raised by indirect tax- 
ation; that is, from certain imported goods and from 
certain articles manufactured at home. 

The House of Representatives has also the sole power 
of impeachment ; and the Senate, the sole pow r er to try 
impeachments. There have been seven cases of im- 
peachment brought before the Senate by the House ; one 
was not tried for want of jurisdiction, that of a United 
States Senator (Blount), an office held not to be included 
in the term ( ( civil officers "; five resulted in acquittal, 
the most noted of which was President Johnson ; 2 nd 
one resulted in conviction, that of Judge Humphries of 
the United States district court. 

For the powers of Congress, which may be exercised 
by either House, see Article L, Section 8, of the Consti- 



82 PENNSYLVANIA CITIZEN. 

tution ; and for the powers denied to Congress and to the 
States, see Sections 9 and 10 of the same Article. 

The Executive Department. 

Powers and Duties.— The executive power is vested in a 
President. To him is entrusted the enforcement of the 
laws of Congress. By means of annual messages to 
Congress, he informs the people of the condition of the 
Nation and suggests any legislation that he may deem 
necessary. On extraordinary occasions he calls Congress 
together in extra session and fixes the time for their ad- 
journment, in case both houses can not agree upon such 
time. 

He shall be commander-in-chief of the army and navy, 
and of the militia of the several States when called into 
actual service of the United States. He also has the 
power to make treaties with other nations, by and with 
the advice of the Senate, two-thirds of the members pres- 
ent concurring. He appoints ambassadors and other 
public ministers (and receives those of foreign countries), 
and consuls, cabinet officers, judges of the federal courts, 
and others as required by law. All such appointments, 
except subordinate officers, must be approved by the 
Senate. It requires about 200,000 persons to do all the 
executive business of our government at home and in 
foreign lands. 

Term of Office.— The term of office is four years, and 
there is nothing said in the Constitution about re -election. 
Eight Presidents have been honored with a second term ; 
and an effort was made to nominate one — President Grant — 
for a third term. 

Qualifications.— No person is eligible to the office of 
President unless he has attained the age of thirty-five 



THE UNITED STATES GOVERNMENT. 83 

years. He must be a native-born citizen and must have 
been a resident of the United States fourteen years. 

Salary.— The President's salary is $50,000 a year, pay- 
able in monthly installments of $4,166.66 each. Prior to 
1873 it was $25,000. 

Presidential Electors.— The Presidential electors are the 
persons who directly elect the President and Vice-Presi- 
dent. Each State chooses as many Presidential electors 
as it has Senators and Representatives in Congress. The 
whole number constitutes the* Electoral College. The 
Presidential electors of each State are frequently called 
the Electoral College of that State. The Electoral Col- 
lege of Pennsylvania consists of thirty-four members, at 
present; and the Electoral College of the United States, 
of four hundred and seventy-six members. Members of 
Congress and persons holding positions of profit or trust 
under the United States, are prohibited from serving as 
Presidential electors. 

Nomination and Election of Presidential Electors. — Each 
political party in a State nominates a ticket of Presiden- 
tial electors, at the State convention. A voter, as a rule, 
votes for all the candidates on his party's ticket, and, as 
a consequence, the Presidential electors chosen in a State 
are generally all of the same political party. Occasion- 
ally voters will "scratch" an electoral ticket and thereby 
elect a divided Electoral College in a State. In 1892 the 
electoral vote of five States was divided : In California 
and Ohio because the vote for the Cleveland and Harri- 
son electors was so close ; in Michigan because by act oi 
Legislature each Congressional district voted separately 
for an elector ; in Oregon because one of the four candi- 
dates for electors on the Populist ticket was also on the 
Democratic ticket, the result being three Republicans and 



84 PENNSYLVANIA CITIZEN. 

one Populist elected ; in North Dakota because one of the 
two Populist electors who were elected cast his vote for 
Cleveland, this causing the electoral vote of the State to 
be equally divided between Cleveland, Harrison and 
Weaver. 

The election for President and Vice-President, or rather 
for the Presidential electors, is held on the first Tuesday- 
after the first Monday in November, in the year when 
a President is to be chosen. Usually it is known by 
the next morning which political party has elected a 
majority of the Presidential electors; but the last act 
in the election of a President and Vice-President is 
still over three months in the future. The Presidential 
electors meet on the second Monday in January following 
their election, usually at the Capital of their respective 
States, and vote by ballot for candidates for President 
and Vice-President, one of whom at least shall not be an 
inhabitant of the same State as themselves. Three lists 
of the persons voted for for each office are made, each 
list showing the number of votes each candidate has re- 
ceived. The electors sign, certify, and seal these lists, 
and deposit one with the judge of the district court of the 
United States for the district in which the electors meet. 
The other two are sent to the president of the United 
States Senate, one by mail, and one by special messenger. 

Counting of the Votes. — On the second Wednesday in 
February following, both houses of Congress meet in joint 
convention, when the president of the Senate opens the 
sealed lists and the votes are counted. The persons re- 
ceiving a majority of all the votes cast for President and 
Vice-President respectively are declared elected. If no 
person receives a majority of all the electoral votes cast 
for President, the choice of that officer devolves upoo the 



THE UNITED STATES GOVERNMENT. 85 

House of Representatives, the selection being made from 
tne three candidates receiving the highest number of 
electoral votes. Each State has but one vote, and a ma- 
jority of the Representatives from each State casts the 
vote of that State. When a vote for President is taken 
in the House of Representatives, there must be present 
one or more members from at least two-thirds of all the 
States, and a majority of all the votes is necessary to a 
choice. At least one vote is taken every day, but if no 
choice is made before March 4th, the Vice-President 
serves as President. Only two Presidents have been 
chosen by the House of Representatives, Thomas Jeffer- 
son, for his first term, and John Quincy Adams. 
- Presidential Succession. — In case of the removal, death, 
resignation, or inability of both the President and Vice-- 
President, the following line of succession has been pro- 
vided for by Congress : Secretary of state, secretary of the 
treasury, secretary of war, attorney-general, postmaster- 
general, secretary of the navy, and secretary of the in- 
terior. 

President's Cabinet. — To aid him in the discharge of his 
duties, the President appoints a Cabinet, consisting of 
eight prominent men, to each of whom is entrusted some 
special department of the work of the President. The 
Cabinet is not provided for by the Constitution, but by 
several acts of Congress, giving the President the right 
to appoint these officers. The different departments have 
been established as follows : State, treasury and war de- 
partments, September, 1789 ; postoffice department, 1794; 
navy department, 1798; interior department, 1849; de- 
partment of justice, 1870, although Congress had created 
the office of Attorney-General in 1789; department of 
agriculture, 1889. The salary of a Cabinet officer is 
$8,000 a year. 



86 PENNSYLVANIA CITIZEN. 

The Secretary of State. — The Secretary of State has in 
his charge all business between our own and other gov- 
ernments. He conducts the correspondence with our 
ministers and other agents in foreign countries, and with 
the representatives of other countries here. All communi- 
cations respecting boundary and other treaties are also 
under the direction of this department, and a special 
clerk compiles and preserves all statistics relating to our 
foreign commerce. This department also files all acts 
and proceedings of Congress, and attends to the publica- 
tion of the same and their distribution throughout the 
country. 

The Secretary of the Treasury. — This department has 
charge of all moneys paid into the Treasury of the United 
States, also of all disbursements, the auditing of accounts, 
and the collection of revenue. It supervises the mint 
and coinage of money, and has charge of the coast sur- 
vey, including the erection and management of light- 
houses. The marine hospitals of the government are under 
its direction, and it controls the regulation and appoint- 
ments of all custom houses. It also supervises the life- 
saving service, and has control of the National Board of 
Health. 

The Secretary of War. — It has in its charge all business 
growing out of the military affairs of the government, at- 
tends to the paying of troops and the furnishing of all 
army supplies ; it supervises the erection of forts, and 
all work of military engineering. This department has also 
in charge the publication of official records of the war, an 
enormous work, which has already taken a number ot 
years. All the Archives captured from, or surrendered 
by, the Confederate Government are in charge of this 



THE UNETED STATES GOVERNMENT. 87 

bureau of records. The Military Academy at West Point 
is under the War Department. 

The Secretary of the Navy. — The Navy Department was 
at first included in the War Department, but in 1798 the 
two branches of the service were separated. It supervises 
the building and repairs of all vessels, docks, and wharves, 
and enlistment and discipline of sailors, together with all 
supplies needed by them. The Naval Academy at An- 
napolis is under the Navy Department. 

The Secretary of the Interior. — This department has 
charge of all matters relating to the sale and survey of the 
public lands ; the adjudication and payment of pensions; 
the treaties with the Indian tribes of the West ; the issue of 
letters patent to inventors, the collection of statistics on 
the progress of education, the supervision of the accounts 
of railroads, the investigation of labor troubles, and col- 
lection of statistics thereon. The Secretary of the Inte- 
rior has also charge of the mining interests of the govern- 
ment, of the census of the United States, and of the re- 
ceiving and arranging of printed journals of Congress, 
and other books printed and purchased for the use of the 
government. 

The Postmaster-General. — He has the supervision of all 
the post offices of the country, their names, establishment 
and discontinuance of postoffices, the modes of carrying 
the mail, the issue of stamps, the receipt of the revenue 
of the office, and all other matters connected with the 
management and transportation of the mails. The duties 
of the head of this department have now a scope that 
would amaze the ghost of the first official appointed, 
could he be permitted to re-visit the scenes of his earthly 
labors. 

The Attorney-General. — The Attorney- General is required 



88 PENNSYLVANIA CITIZEN. 

to act as attorney for the United States in all suits in 
the Supreme Court ; he is also the legal adviser of the 
President and the heads of departments, and of the So- 
licitor of the Treasury. He is further charged with the 
superintendence of all United States district attorneys 
and marshals, with the examination of all applications to 
the President for pardons, and with the transfer of all 
land purchased by the United States for government 
buildings, etc. The name " Department of Justice," by 
which this division of the Cabinet is now largely known, 
was given to it in 1870 

The Secretary of Agriculture. — This department, which 
prior to 1889 belonged to the Interior Department, col- 
lects and gives useful information on agriculture. From 
it, new and valuable seeds and plants can be had ; for it 
is the duty of the Secretary to cultivate them and furnish 
them to the farmers upon application. He also investi- 
gates the diseases of plants and animals, makes analysis 
of soils, minerals, liquids, and fertilizers, and prepares 
reports on the same, which are distributed in all parts of 
the country. In 1891, the Weather Bureau was trans- 
ferred to the Agricultural Department from the War De- 
partment. 

The Vice-President. — This officer is chosen at the same 
time and in the same manner as the President, except 
that when the Presidential electors fail to choose a Vice- 
President, that duty devolves upon the Senate. The 
choice must then be made from the two candidates having 
the highest numbers of votes cast by the Electoral Col- 
lege. Richard M. Johnson, elected in February, 1837, is 
the only Vice-President that has been chosen by the 
Senate. The qualifications and term of office are the 
same as those of the President, but the only duty the 



THE UNITED STATES GOVERNMENT. 89 

Vice-President is called upon to perform is to preside 
over the Senate, unless the President cannot, for any cause, 
perform the duties of his office. 

The Judicial Department* 
supreme court. 

Organization.— The judicial power of the United States 
is vested in a Supreme Court and such inferior courts as 
Congress may establish. Judges of the United States 
courts are appointed by the President with the advice and 
consent of the Senate, and they all hold their office dur- 
ing life or good behavior. They may retire upon a pen- 
sion, at the age of seventy or over, after having served 
continuously for ten years. The Supreme Court holds an- 
nual sessions in the Capitol at Washington, commencing 
on the second Monday in October. The court, at present, 
consists of a chief justice and eight associate justices, 
any six of whom constitute a quorum for the transaction 
of business. The decision of a quorum stands as the de- 
cision of the court, although very often the dissenting 
views of a minority are published. 

Jurisdiction.— In any suit at law relating to ambassa- 
dors, other public ministers, and consuls, and in those in 
which a State is a party, the Supreme Court has original 
jurisdiction. It decides cases appealed from the decision 
of the judges of the inferior courts of the United States, 
as well as of certain State courts. Any law of Congress 
or State legislature, if in violation of the provisions of 
the Constitution of the United States, is unconstitutional, 
and, if so decided by the Supreme Court of the United 
States, is null and void. 



90 PENNSYLVANIA CITIZEN. 

INFERIOR COURTS. 

Names.— The inferior courts established by Congress 
are the Circuit, Appellate, District, and Territorial courts., 
the Court of the District of Columbia, the Court of 
Claims, and the Consular Courts. 

Circuit Court.— The Circuit Court of the United States 
has jurisdiction over certain civil cases in which a State 
or an alien is a party, or in certain cases when suit is 
brought by a citizen of one State against a citizen of 
another. For the purpose of properly dividing the work 
of this court, the states are divided into nine circuits, 
each having two or three judges. One judge of the 
United States Supreme Court is assigned to each circuit, 
and it is his duty to hold at least one term of the Circuit 
Court in his circuit, once in every two years, at each of 
the regular places of meeting of that court. 

Appellate Court. — So many cases are appealed to the 
Supreme Court that it is apt to get several years behind 
in its business. To decide some of these cases, and thus 
relieve the higher court, an Appellate Court was provided 
for each of the nine circuits. 

District Court. — The District Court has jurisdiction over 
criminal offences against the federal laws, as well as over 
many civil cases. There are now sixty-four districts. 

Territorial Courts.— A Territory has a Supreme Court, 
with three judges appointed by the President, and gen- 
erally three district courts, presided over by one of its 
Supreme Court judges. There are also courts in some 
counties ; they are presided over by the judge of the 
district in which the county is located. 

Court of the District of Columbia.— The court of the Dis- 
trict of Columbia exercises jurisdiction over civil and 



THE UNITED STATES GOVERNMENT. 91 

criminal matters within the District. It consists of sh? 
judges, appointed by the President. 

The Court of Claims.— The Court of Claims holds its 
sessions in Washington and has the power to decide what 
claims against the United States shall be paid. It reports 
to Congress, which, if the claim is found correct, orders 
it paid. 

Consular Courts.— The Consular Courts, held by our 
consuls in foreign countries, have jurisdiction of trivial 
cases arising between Americans and foreigners in their 
business transactions. 

Miscellaneous Provisions. 

Privileges of Citizens. — The citizens of each State are 
entitled to all the privileges of citizens of the other States. 
The term citizen as here used makes citizenship in the 
State depend upon citizenship in the United States. In 
the fourteenth amendment to the Constitution of the 
United States, citizenship is defined in the following 
language : ' { All persons born or naturalized in the 
United States, and subject to the jurisdiction thereof, are 
citizens of the United States and of the State wherein they 
reside.' ' Citizenship and suffrage are often confused. 
The former is determined by the statement above quoted; 
the latter is conferred upon certain classes enumerated in 
the Constitution of each of the several States ; thus, in 
some States women vote, in others not ; and in some, 
aliens having declared to become citizens, vote, in others 
not. 

Naturalization. — To become a citizen, an alien must de- 
clare upon oath, before a United States or a State Court, 
at least two years before his naturalization, that he in- 
tends to become a citizen and to renounce his allegiance 



92 PENNSYLVANIA CITIZEN. 

to his own country, and to any title of nobility, should 
he have one. If he has complied with this requirement 
and has been a resident within the United States for at 
least five years, and one year within the State or Terri- 
tory in w^hich he applies for citizenship, he receives his 
naturalization papers, provided he has been a person of 
good moral character while in this country and loyal to 
the Constitution. A minor who has resided in the United 
States three years immediately before becoming of age, 
may, after arriving at his majority and after hav- 
ing been a resident five years, including the three years 
of his minority, become a citizen, if he makes oath that 
it has been his intention for two years to become a citi- 
zen. The children of persons who have been duly nat- 
uralized, being under the age of twenty-one years at the 
time of the naturalization of their parents, shall, if dwell- 
ing in the United States, be considered as citizens thereof. 
The children of persons who now are or have been citi- 
zens of the United States, are, though born out of the 
limits and jurisdiction of the United States, considered 
as citizens thereof. The naturalization of Chinamen is 
expressly prohibited by a law of 1882. 

Requisition. — A person who has committed a crime in 
one State and fled to another, may, if captured, be given 
up for trial to officers from the State in which the crime 
was committed. The demand for the delivery of the 
criminal for trial, is made by the Governor of the State in 
which the crime was committed, and is addressed to the 
Governor of the State in which the criminal is found. 
This demand is called a requisition. 

New States. — When Congress began its work under the 
Constitution, only eleven States had given their assent to 
the new form of government. North Carolina and Rhode 



THE UNITED STATES GOVERNMENT. 93 

Island ratified the Constitution soon after, and other 
States have been admitted from time to time, until in 
1895 there are forty-four in all. It is provided by the 
Constitution that no new State shall be formed within 
the jurisdiction of any other State. Notwithstanding 
this provision, the forty-eight counties in western Vir- 
ginia that remained loyal during the Rebellion, were or- 
ganized as the State of West Virginia, in 1863. It was 
claimed that Virginia having placed itself outside of the 
Constitution by the act of secession, the only legislative 
body within the State was that at Wheeling, which con- 
sented to the organization of the new State, and that the 
provision of the Constitution above referred to had there- 
fore been complied with. No new State can be formed 
from two or more States without the consent of the leg- 
islatures of all the States concerned, as well as of Con- 
gress. 

Method of Admission. — It is usual for Congress to pass 
an enabling act, authorizing the people of the Territory 
in question to frame and adopt a constitution, and pro- 
viding for the admission of the State by proclamation of 
the President, when the conditions named in the enabling 
act are complied with. 

Territories — Congress has power to make rules for the 
government of the Territories. A Territorial government 
has been provided for each of the Territories, including 
Alaska. Each Territory has the privilege to elect a dele- 
gate to Congress for a term of two years. These dele- 
gates receive the same compensation as the regular mem- 
bers, but while they are permitted to take part in debates 
relating to the Territories they represent, they have no 
vote. 

Congress also has the power to dispose of the public 



94 PENNSYLVANIA CITIZEN. 

domain and of such other property as may come into the 
possession of the government. It exercises control over 
the District of Columbia, in which Washington, the capi- 
tal of the United States, is located. 

State Government. — Each State is guaranteed a repub- 
lican form of government by the Constitution, and the 
United States must protect each of the States against in- 
vasion or insurrection. 

Amendments. — The Constitution provides two methods 
for its own amendment. By the first method, Congress 
by a two-thirds vote of both houses, proposes the amend- 
ment to the legislature of each State, or to a convention 
called in each of the States, for the purpose of ratifying 
or rejecting the proposed amendment. The assent of 
three-fourths of all the States is necessary for the adoption 
of an amendment. By the second method^ the amend- 
ment may be requested by the legislatures of two-thirds 
of all the States, and Congress must then submit the 
amendment the same as in the first instance. 

More than seven hundred amendments to the Consti- 
tution have been proposed in Congress, but thus far only 
fifteen have been adopted, all of which have been sub- 
mitted to the State legislatures for ratification. The first 
eleven were adopted during Washington's administration, 
and they secure to the people some of their dearest rights. 
Among these are religious freedom, freedom* of speech 
and of the press, and the right to petition the govern- 
ment for a redress of grievances. They also provide for 
the protection of the rights of the people, and for trial by 
jury in criminal cases. The tenth amendment provides 
that all powers not delegated to the general government, 
nor prohibited by it to the States, are reserved to the 
States, or to the people 



THE UNITED STATES GOVERNMENT. 95 

The twelfth amendment changed the manner of elect- 
ing the President and Vice-President. The thirteenth 
abolished slavery and involuntary servitude except as a 
punishment for crime. The fourteenth defines citizen- 
ship, and forbids the States to deprive any person of life, 
liberty, or property, without due process of law, or to 
deny to any person within its jurisdiction the full pro- 
tection of the law. 

The fifteenth amendment asserts that the right of citi- 
zens to vote shall not be denied or abridged on account 
of race, color, or previous condition of servitude. 

Anai,yticai, Review. — What was the first bond of the Union ? 
What was the second step taken towards the formation of our gov- 
ernment ? The third step ? Wherein were The Articles of Confed- 
eration defective ? What led to the call for the Constitutional 
convention ? How did the Constitution become binding? Why 
should a Senator have been a citizen longer than a Representative ? 
Why should a President be a native-born citizen, while other offi- 
cers are not? Why should the Vice-President not preside when a 
President is impeached? How are vacancies in the Senate filled ? 
in the House ? in the White House ? Why should a Senator's term be 
three times as long as a Representative's ? Why was it provided that 
the House can impeach but not try civil officers? Explain " ratio 
of apportionment," and ■ l Congressman-at-large. ' ' Why has the 
Vice-President no vote ? What makes the speaker of the House the 
second officer in power ? Why is there a difference in filling va- 
cancies in the Senate and in the House? Why should the House alone 
originate revenue bills ? Define direct tax. Why is indirect tax- 
ation preferred ? Explain internal revenue. How does the Presi- 
dent inform the people of the condition of the country ? Why has 
the Senate power to reject or approve the President's appoint- 
ments? What advantages and disadvantages are in re-electing a 
President ? Explain Electoral College. Give entire number in it, 
and the number in Pennsylvania. Why are office holders prohib- 
ited from serving as Presidential electors ? Explain how a man 
votes for President and Vice-President. What is a divided Elect- 
oral College ? State how the electors proceed to elect a President, 



96 PENNSYLVANIA CITIZEN. 

also how the votes are counted and how Congress elects in case the 
electors fail to do so. Is the Cabinet a Constitutional provision? 
Which is the most important portfolio in the Cabinet? Which 
departments were originally one ? Which does the most business ? 
Which controls the weather bureau? The light house service? 
The Indian affairs? The pension bureau? The Congressional 
proceedings? The pardon of convicts? How is a Vice-President 
elected, if the electors fail to elect? Why should Supreme Court 
judges hold office during good behavior and not for a term of years? 
Under what circumstances can a case under a State law be appealed 
to the United States Supreme Court ? What cases are tried in the 
District Courts? How many of these courts are there? How 
many in Pennsylvania? Where is a citizen tried if he commits an 
offense in the District of Columbia? In Alaska? In Germany? 
What is a citizen? Can States naturalize foreigners? How do 
children of foreigners become naturalized ? Can a foreigner vote 
before he is naturalized? What is a requisition? How was it 
claimed that the Constitution had been complied with, when 
West Virginia was formed in Virginia ? Why cannot a Ter- 
ritory be finally admitted as a State before it has adopted a Consti- 
tution ? How are the Territories governed ? How is an amend- 
ment to the Constitution made? Which are the " war amend- 
ments ?" 



COMMON THINGS NOT COMMONLY UNDERSTOOD. 97 



CHAPTER IX. 



COMMON THINGS NOT COMMONLY UNDERSTOOD. 

Acknowledgment is the declaration, before a competent 
officer, by one who has executed any instrument in writ- 
ing, which by the laws of Pennsylvania may be recorded, 
that the instrument so executed is his act and deed, and 
that he desires it to be recorded as such. Deeds of con- 
veyance, by which the title to real estate is transferred, 
and mortgages are the most common instruments ac- 
knowledged, but all written instruments which are 
designed to be recorded must be acknowledged, except 
in cases in which another method of proof is provided 
by law. Acknowledgments may be taken by the judges 
of the Supreme Court, the judges of the courts of common 
pleas, justices of the peace, notaries public, and other 
officers designated by law. Deeds of conveyance made 
jointly by husband and wife must be acknowledged by 
the wife separate and apart from the husband. 

Administrator is a person appointed by the register ot 
wills of the proper county to settle the estate of one who 
has died intestate, or of one who has died testate, but 
who has failed to appoint an executor, or who has 
appointed an executor who has died, or declined to act, 
or has been removed by the court. 

Attainder is the stain or corruption of blood of a crimi- 
nal capitally condemned. It is the immediate and insep- 
arable consequence, by the common law, of sentence of 
death, or of outlawry for a capital offence. Its conse- 



98 PENNSYLVANIA CITIZEN. 

quences are forfeiture of property and corruption of 
blood. The Constitution forbids bills of attainder to be 
passed, and limits the effect of attainder resulting from 
judicial sentence so that it cannot work corruption of 
blood, nor, except during the life of the offender, forfeit- 
ure of estate to the Commonwealth. Attainder is not now 
a part of the punishment of any crime in Pennsylvania. 

Bail, in criminal cases, is the delivery of a person 
charged with the commission of a crime or misdemeanor 
to his sureties, upon their giving, together with himself, 
sufficient security for his appearance to answer the 
charges against him, or to comply with the orders of the 
court; he being supposed to continue in their friendly 
custody instead of going to jail. In Pennsylvania all 
prisoners are bailable, unless for capital offences, when 
the proof is evident or the presumption great. 

Bailiwick is the district over which a sheriff has juris- 
diction. 

Bond is a sealed obligation to pay money, either abso- 
lutely or conditionally. 

Caucus is the meeting of the members of a political party 
to make nominations or to consider party measures. 

Chancery is a court that tries cases for which the com- 
mon law does not provide a remedy, but which must be 
settled in equity. In Pennsylvania the courts of law are 
also the courts of chancery or equity. Cases of trust 
and confidence are tried in this court. 

Charter is a grant made by the State either to the whole 
people or to a portion of them, giving them certain rights. 

Citizen is a person, native or naturalized, male or fe- 
male, who is entitled to full protection in the so-called 
private rights, as expressed in the "Declaration of 
Rights* ' in the Constitution of our State. 



COMMON THINGS NOT COMMONLY UNDERSTOOD. 99 

Civil Officers are the public officers, except those of the 
army and navy. The term civil is opposed to military, in 
this connection. 

Civil Rights are the natural rights of men, women and 
children; for example, the right to personal security. 

Contempt of court is a violation of its rules and orders. 

Contract is an agreement, upon a sufficient consideration, 
to do or not to do a particular thing. 

Corporation is an artificial person, consisting of one or 
more natural persons, acting in many respects as an indi- 
vidual, created by law for certain specific purposes, with 
the capacity of succession, either limited or perpetual, 
and with other special privileges not possessed by indi- 
viduals. 

Court Martial is a court of criminal jurisdiction organ- 
ized to try and punish offenders against the rules and reg- 
ulations of the army and navy. It may consist of any 
number of officers from five to thirteen, inclusive, but 
shall not consist of less than thirteen when that number 
can be convened without manifest injury to the service. 

Cryer is an officer in a court whose duty it is to make 
the proclamations ordered by the court. 

Declaration of Rights is Article I. of the Constitution of 
Pennsylvania. As expressed in the Declaration of Inde- 
pendence, the principal rights are "life, liberty, and the 
pursuit of happiness." 

Deed is a writing sealed and delivered by the parties. 

De facto, i. e., in deed ; a term denoting a thing actually 
done. An officer de facto is one actually holding a posi- 
tion, whether he is entitled to it or not. 

De jure, i. e. , by right ; a term denoting the right of any- 
thing to be or to be done. An officer dejtire is one hav 
ing the right to a position, whether he holds it or not. 

L.ofC. 



100 PENNSYLVANIA CITIZEN. 

Defaulter is one who is deficient in his accounts. 

Deposition is the testimony of a witness reduced to writ- 
ing. It cannot be taken in criminal cases without the 
consent of the defendant. 

Docket is a formal record of judicial proceedings, kept 
by the officers of the courts. 

Dower is the right of a woman in a third part of all the 
real estate of her deceased husband. 

Duress is constraint, either by imprisonment or by threats 
of violence, which induces a well grounded fear of loss of 
life or limb, whereby a person is compelled to execute a 
deed, sign a contract, or the like, or commit an offense. 
A deed or contract executed under duress cannot be en- 
forced, and many offenses are excused if committed under 
duress. 

Electors are the voting citizens. 

Embezzlement is the fraudulent appropriation to one's 
own use of the money or goods of another, intrusted to 
his care. 

Eminent Domain is the right of the sovereign power in a 
state, or of a corporation to which that right has been 
delegated, to take private property for any public pur- 
pose, upon just compensation to the owner. 

Ex Post Facto Law is a law which makes an act done 
before the passing of the law, and which was innocent 
when done, criminal, which aggravates the crime or makes 
it greater than when it was committed, which changes 
the punishment and inflicts a greater punishment than 
the law annexed to the offense when committed, which 
alters the legal rules of evidence or receives less or dif- 
ferent testimony than the law required, at the time of the 
commission of the offense, to convict the offender. 



COMMON THINGS NOT COMMONLY UNDERSTOOD. 101 

Execution is the carrying into effect of the final judg- 
ment of a court. Writs of execution issued by the courts 
are carried out by the sheriff; those issued by the justices 
of the peace, by the constable. 

Executor is a person that is named by the maker of a 
will to carry out its provisions. 

Felony is an offense which at common law occasioned 
the forfeiture of goods or lands, or both, to which capital 
or other punishment was added according to the degree 
of guilt. In Pennsylvania the term is appplied to such 
offenses as were felonies at common law and to such 
offenses as are denominated felonies by the statute pro- 
viding for their punishment. 

Franchise is a privilege vested in individuals by the 
government, most commonly applied to the privilege of 
voting and the special rights of corporations. 

Frank is the privilege of sending and receiving letters 
free of postage. For instance, postmasters need not 
stamp their official letters. 

Guardian is a person appointed by the Orphan's Court of 
the county in which a child resides to take charge of the 
person or estate of such child, or of both its person and 
estate, during its minority ; also, the person to whom a 
father by his last will devises the custody of his child or 
children during minority. 

Habeas Corpus is the great remedial writ of the English 
law in all cases of illegal confinement. It commands the 
person detaining another to produce the body of the pris- 
oner with the day and cause of his arrest and detention, 
to do, submit to and receive whatsoever the judge of the 
court awarding the writ shall consider in that behalf. In 
Pennsylvania a writ of habeas corpus may be issued by 



102 PENNSYLVANIA CITIZEN. 

any judge of the Supreme Court, the president or any 
associate judge of the Court of Common Pleas, or any 
judge of the Court of Quarter Sessions of the County of 
Philadelphia. 

Hard Labor is, in connection with imprisonment in the 
penitentiary, a punishment frequently inflicted upon per- 
sons convicted of certain offenses. It implies no more 
than ordinary industry at some mechanical trade. 

High Seas signifies the unenclosed waters of the ocean 
on the sea coast, which are without the boundaries of low 
water mark. 

Impanel, to write the names of a jury on a schedule. 

Impeachment is a formal accusation brought against a 
civil officer. Under the Constitution of the United States 
the President, Vice-President, and all civil officers of the 
United States shall be removed from office on impeach- 
ment for and conviction of treason, bribery, or other high 
crimes and misdemeanors. Under the Constitution of 
Pennsylvania the Governor and all civil officers are liable 
to impeachment for any misdemeanor in office. The sole 
power of impeachment is in the House of Representa- 
tives, and the power to try impeachments is in the 
Senate. The concurrence of two-thirds of the members 
present is necessary to a conviction. Municipal officers 
are liable to impeachment in the manner provided by 
law. 

Incumbrance is whatever charges, burdens, obstructs, or 
impairs the use of an estate in land, or prevents or im- 
pairs its transfer. 

Indictment is a written accusation of one or more per- 
sons of a crime or misdemeanor, preferred to and pre- 
sented upon oath by a grand jury. 



COMMON THINGS NOT COMMONLY UNDERSTOOD. 103 

Injunction is a judicial process, operating in personam, 
and requiring the person to whom it is directed to do or 
refrain from doing some particular thing. 

4 * Jeopardy of Life or Limb" was originally used with 
reference to the danger of the combatants in trial by 
battle. A person is in legal jeopardy when put upon 
trial before a court of competent jurisdiction, under an 
indictment or information sufficient in form and substance 
to sustain a conviction, and a jury has been charged with 
his deliverance, that is, empanelled and sworn. Both 
the Constitution of the United States and of the State of 
Pennsylvania provide that a person shall not be twice 
put in jeopardy of life or limb for the same offense. In 
Pennsylvania this provision applies only to capital cases. 

Judgment is the sentence of the law pronounced by the 
court upon the matter contained in the record. The 
term is commonly applied to the amount of debt or 
damages recovered in a suit at law before a court and 
jury, or before a court alone, or before a justice of the 
peace or alderman in a case within their jurisdiction. 
Such judgment, when properly entered on record in the 
prothonotary's office, becomes a lien upon the real estate 
of the person against whom it is rendered. A debtor 
may voluntarily confess a judgment to his creditor for an 
amount acknowledged to be due, and this, when entered 
in the prothonotary's office, also becomes a lien upon his 
land. 

Law, Common,is a collection of maxims and customs of 
higher antiquity than memory or history can reach. 

Law, Statute, is the written law made by the law-mak- 
ing power — the legislature. 

Letters Testamentary or Letters of Administration are re- 
spectively the authority given by the register of wills to 



104 PENNSYLVANIA CITIZEN. 

an executor or to an administrator, by which the latter 
takes charge of the estate which he is to settle. 

Libel is a malicious defamation of any person, made 
public by printing, writing, signs or pictures, in order to 
provoke him to wrath, or expose him to public hatred, 
contempt or ridicule. 

Major is one who has arrived at the age of twenty-one. 

Mandamus is the emphatic word in the Latin form of the 
writ of that name. A writ of mandamus is a command 
issuing from a court of competent jurisdiction, in the 
name of the state or sovereign, directed to some inferior 
court, officer, corporation or person, requiring them to do 
some particular thing therein specified, and which apper- 
tains to their office or duty. In Pennsylvania the writ 
issues in the name of the Commonwealth. 

Minor is a person under twenty-one. 

Misdemeanor is a term usually applied to minor offenses. 

Mortgage is a pledge of real estate by a debtor to his 
creditor as security for a debt. 

Naturalization is the act of making an alien a citizen of 
the United States. 

Nolle Prosequi is a record entry that the prosecutor does 
not care to proceed further in the particular case. In 
Pennsylvania no district attorney shall in any criminal 
case enter a nolle prosequi, either before or after bill 
found, without the assent of the proper court in writing 
first had and obtained. 

Non compos mentis signifies not of sound mind, memory, 
or understanding. 

Oath is a solemn calling on God to witness the truth of 
what is said, to tell the truth, the whole truth, and noth- 
ing but the truth. 



COMMON THINGS NOT COMMONLY KNOWN. 105 

Perjury is a crime committed when a lawful oath is 
administered in some judicial proceeding, to a person 
who swears wilfully, absolutely and falsely in a matter 
material to the issue or point in question. The law takes 
no notice of any perjury not committed before a court of 
justice or officer having the power to administer an oath. 

Personal Property is all movable chattels and things 
thereunto incident ; property that may attend a man's 
person wherever he goes. 

Presentment is an accusation by a grand jury made from 
their own knowledge against a person, without an indict- 
ment being laid before them ; thus, a presentment may 
be made of a nuisance in a public building. 

Prima Facie means on the face of it or as it appears first; 
as, the holder of a check endorsed in blank is prima facie 
its owner. 

Proxy is a person appointed in place of another to rep- 
resent him: as, stockholders can vote by proxy at the 
election of directors. 

Quo Warranto, in England, is a writ in the nature of a 
writ of right for the King, against him who claims or 
usurps any office, franchise or liberty, to inquire by what 
authority he supports his claim in order to determine the 
right. In Pennsylvania the writ issues in the name of 
the Commonwealth. 

Quorum is the number of persons in any organized body 
required to do business. When a body consists of a 
definite number of members, a majority constitutes a 
quorum, unless the law prescribes another number. 

Real Property consists of such things as are permanent, 
fixed, and immovable ; as land, tenements and heredita- 
ments of all kinds. 



106 PENNSYLVANIA CITIZEN. 

Rule of Court is an order made by a court of record. 
Rules of Court are of two kinds: special orders, made 
in particular cases, and standing orders, made by the 
court to regulate its general practice. 

Seal is an impression upon wax, wafer, etc. In Penn- 
sylvania a circular, oval, or square mark, containing the 
word seal in it and placed opposite the name of the signer, 
has the same effect as a seal, namely, to make the docu- 
ment authentic. 

Search Warrant is a written authority from a court or 
magistrate for the examination of a designated house or 
place for articles alleged to be concealed there contrary 
to law, frequently for stolen property. Both the Consti- 
tution of the United States and the Constitution of the 
State of Pennsylvania forbid unreasonable searches and 
seizures, and no warrant to search any place or to seize 
any person or thing shall issue without describing them 
as nearly as may be, nor without probable cause, sup- 
ported by oath or affirmation subscribed to by the affiant. 

Sine die — without a day for the reassembling of a body 
or for the appearance of a defendant. When a legislature 
adjourns at the end of a session, it adjourns sine die ; 
that is, without naming a date for meeting again. 

Sinking Fund is a sum of money set apart by a govern- 
ment or a corporation for the redemption of its debts. 

Subpoena is a writ requiring a person to appear at a 
certain time or place, or in default to pay a penalty or 
undergo a punishment. In courts of common law it is a 
process for bringing witnesses into court to obtain their 
testimony. 

Suffrage is the act of voting. 

Sumptuary Laws relate to personal expenses in eating 
and drinking and clothing. We have none in this coun- 



COMMON THINGS NOT COMMONLY UNDERSTOOD. 107 

try; such matters are left to every man's own judg- 
ment. 

Surety is a person who engages to be answerable for the 
debt, default or miscarriage of another. 

True Bill is endorsed on a bill of indictment in case the 
grand jury finds enough evidence to put the accused on 
trial. 

Viva Voce means with the voice. Viva voce voting is 
opposed to voting by ballot. 

Waiver is a voluntary relinquishment of a right ; as, a 
person arrested may waive a hearing. 

Writ of Error is a commission by which the judges of a 
superior court are authorized to examine a record of a 
court of inferior jurisdiction upon which a judgment was 
given, and upon such examination to affirm or reverse 
the same, according to law. 

Yeas and Nays is the name applied to the list of mem- 
bers of a legislative body voting respectively in the 
affirmative and negative of a question. 

Analytical. Review. — Before what officials may deeds be 
acknowledged ? What is the difference between an administrator 
and an executor? Can the estate of a traitor be forever forfeited? 
Why is bail not allowed in cases of murder? Why should a treas- 
urer give a bond ? What is a court of equity ? Are females citi- 
zens? Is a foreigner who intends to become a citizen entitled to 
the rights of citizenship ? What kind of officer is a sheriff ? a cap- 
tain ? What kind of right is it to have the privilege of sitting in a 
public park? What is the name of the offense when a juror 
refuses to serve? In what kind of court is a soldier tried if he 
commits an offense ? What are the principal rights of a citizen ? 
What is a deponent? If a man is made to sign a promissory note 
by imprisonment, what is the legal term applied ? Can an act done 
yesterday be made an offense to-day, by passing a law to that 
effect ? What kind of crime is murder or arson ? What is the 



108 PENNSYLVANIA CITIZEN. 

elective franchise ? How would you get out of jail if you were 
illegally confined? Does the high sea border on Pennsylvania? 
Who impeached President Johnson? Who indicts criminals? 
How would you stop a telegraph company from erecting an 
unsightly pole on the pavement in front of your house? How 
often can a man be tried for the same offense? What is a judg- 
ment? Where is it recorded? What is the difference between 
common and statute law? Has a newspaper the right to say bad 
things that are true about a man in private life ? In what way is 
a mortgage an incumbrance on real estate? Is grain in the field 
personal or real property? Who issues search warrants? Who 
executes them? What kind of law would a law prescribing the 
cut of a garment be ? If a court makes an error, how is it cor- 
rected ? What is meant by • ' waiving a hearing ? ' ' 




PENNSYLVANIA COAT OF AEMS. 



The Seal of the State of Pennsylvania 





reverse. 



CONSTITUTION OF PENNSYLVANIA. 



PREAMBLE. 

We, the people of the Commonwealth of Pennsylvania, 
grateful to Almighty God for the blessings of civil and re- 
ligious liberty, and humbly invoking His guidance, do ordain 
and establish this Constitution. 



ARTICLE I. 

DECLARATION OF RIGHTS. 

That the general, great and essential principles of liberty 
and free government may be recognized and unalterably es- 
tablished, we declare that 

Sec. 1. All men are born equally free and independent, 
and have certain inherent and indefeasible rights, among 
which are those of enjoying and defending life and liberty, of 
acquiring, possessing, and protecting property and reputation, 
and of pursuing their own happiness. 

Sec. 2. All power is inherent in the people, and all free 
governments are founded on their authority and instituted for 
their peace, safety and happiness. For the advancement of 
these ends, they have at all times an inalienable and inde- 
feasible right to alter, reform, or abolish their government in 
such manner as they may think proper. 

Sec. 3. All men have a natural and indefeasible right to 
worship Almighty God according to the dictates of their own 
consciences ; no man can of right be compelled to attend, erecV. 
or support any place of worship, or to maintain any ministry 
against his consent ; no human authority can, in any case 
whatever, control or interfere with the rights of conscience, 
and no preference shall ever be given by law to any religious 
establishments or modes of worship. 

Sec. 4. No person who acknowledges the being of a God, 
and a future state of rewards and punishments, shall, on 
account of his religious sentiments, be disqualified to hold any 
office or place of trust or profit under this Commomvealth. 

Sec. 5. Elections shall be free and equal ; and no power. 



VIII CONSTITUTION OF PENNSYLVANIA. 

civil or military, shall at any time interfere to prevent the free 
exercise of the right of suffrage. 

Sec. 6. Trial by jury shall be as heretofore, and the right 
thereof remain inviolate. 

Sec. 7. The printing press shall be free to every person 
who may undertake to examine the proceedings of the Legisla- 
ture, or any branch of government, and no law shall ever be 
made to restrain the right thereof. The free communication of 
thoughts and opinions is one of the invaluable rights of man, 
and every citizen may freely speak, write and print on any sub- 
ject, being responsible for the abuse of that liberty. No convic- 
tion shall be had in any prosecution for the publication of 
papers relating to the official conduct of officers or men in pub- 
lic capacity, or to any other matter proper for public investiga- 
tion or information, where the fact that such publication was 
not maliciously or negligently made shall be established to the 
satisfaction of the jury ; and in all indictments for libel, the jury 
shall have the right to determine the law and the facts under 
the direction of the court, as in other cases. 

Sec. 8. The people shall be secure in their persons, houses, 
papers and possessions from unreasonable searches and seizures, 
and no warrant to search any place or to seize any person or 
things shall issue without describing them as nearly as may be, 
nor without probable cause, supported by oath or affirmation, 
subscribed to by the affiant. 

Sec. 9. In all criminal prosecutions the accused hath a 
right to be heard by himself and his counsel, to demand the 
nature and cause of the accusation against him, to meet the 
witnesses face to face, to have compulsory process for obtaining 
witnesses in his favor, and, in prosecutions by indictment or in- 
formation, a speedy public trial by an impartial jury of the vi- 
cinage ; he cannot be compelled to give evidence against him- 
self, nor can he be deprived of his life, liberty or property, un- 
less by the judgment of his peers or the law of the land. 

Sec. 10. No person shall, for any indictable offence, be pro- 
ceeded against criminally by information, except in cases 
arising in the land or naval forces, or in the militia, when in 
actual service, in time of war or public danger, or by leave of the 
court, for oppression or misdemeanor in office. No person shall, 
for the same' offence, be twice put in jeopardy of life or limb ; 
nor shall private property be taken or applied to public use, 
without authority of law and without just compensation being 
first made or secured. 

Sec. 11. All courts shall be open, and every man for an in- 
jury done him in his lands, goods, person or reputation, shall 
have remedy by due course of law, and right and justice admin- 
istered without sale, denial or delay. Suits may be brought 
against the Commonwealth in such manner, in such courts and 
in such cases as the Legislature may by law direct. 



CONSTITUTION OF PENNSYLVANIA. IX 

Sec. 12. No power of suspending laws shall be exercised 
unless by the Legislature, or by its authority. 

Sec. 13. Excessive bail shall not be required, nor exces- 
sive fines imposed, nor cruel punishments inflicted. 

Sec. 14. All prisoners shall be bailable by sufficient 
sureties, unless for capital offenses, when the proof is evident or 
presumption great ; and the privilege of the writ of habeas 
corpus shall not be suspended, unless when in case of rebellion 
or invasion the public safety may require it. 

Sec. 15. No commission of oyer or terminer or jail deliv- 
ery shall be issued. 

Sec. 16. The person of a debtor, where there is not strong 
presumption of fraud, shall not be continued in prison after de- 
livering up his estate for the benefit of his creditors, in such 
manner as shall be prescribed by law. 

Sec. 17. No ex post facto law, nor any law impairing the 
obligation of contracts, or making irrevocable any grant of 
special privileges or immunities, shall be passed. 

Sec. 18. No person shall be attainted of treason or felony 
by the Legislature. 

Sec. 19. No attainder shall work corruption of blood, nor, 
except during the life of the offender, forfeiture of estate to the 
Commonwealth. The estate of such persons as shall destroy 
their own lives shall descend or vest as in cases of natural death, 
and if any person shall be killed by casualty there shall be no 
forfeiture by reason thereof. 

Sec. 20. The citizens have a right in a peaceable manner 
to assemble together for their common good, and to apply to 
those invested with the powers of government for redress of 
grievances or other proper purposes, by petition, address or re- 
monstrance. 

Sec. 21. The right of the citizens to bear arms in defense 
of themselves and the State shall not be questioned. 

Sec. 22. No standing army shall, in time of peace, be kept 
up without the consent of the Legislature, and the military 
shall in all cases and at all times be in strict subordination to 
the civil power. 

Sec. 23. No soldier shall in time of peace be quartered in 
any house without the consent of the owner, nor in time 
of war but in a manner to be prescribed by law. 

Sec. 24. The Legislature shall not grant any title of nobil- 
ity or hereditary distinction, nor create any office, the appoint- 
ment to which shall be for a longer term than during good be- 
havior. 

Sec. 25. Emigration from the State shall not be prohibited. 

Sec. 26. To guard against transgressions of the high powers 
which we have delegated, we declare that everything in this 
article is excepted out of the general powers of government 
and shall forever remain inviolate. 



X CONSTITUTION OF PENNSYLVANIA. 

ARTICLE II. 

THE LEGISLATURE. 

Sec. 1. The legislative power of this Commonwealth shall 
be vested in a General Assembly, which shall consist of a Sen- 
ate and a House of Representatives. 

Sec. 2. Members of the General Assembly shall be chosen 
at the general election every second year. Their term of ser- 
vice shall begin on the first day of December next after their 
election. Whenever a vacancy shall occur in either House, the 
presiding officer thereof shall issue a writ of election to fill such 
vacancy for the remainder of the term. 

Sec. 3. Senators shall be elected for the term of four years, 
and Representatives for the term of two years. 

Sec. 4. The General Assembly shall meet at twelve o'clock, 
noon, on the first Tuesday of January every second year, and 
at other times when convened by the Governor, but shall hold 
no adjourned annual session after the year one thousand eight 
hundred and seventy-eight. In case of a vacancy in the office 
of United States Senator from this Commonwealth, in a recess 
between sessions, the Governor shall convene the two Houses, 
by proclamation on notice not exceeding sixty days, to fill thq 
same. 

Sec. 5. Senators shall be at least twenty-five years of age, 
and Representatives twenty-one years of age. They shall have 
been citizens and inhabitants of the State four years, and in- 
habitants of their respective districts one year next before their 
election (unless absent on the public business of the United 
States, or of this State), and shall reside in their respective 
districts during their terms of service. 

Sec. 6. No Senator or Representative shall, during the time 
for which he shall have been elected, be appointed to any civil 
office under this Commonwealth, and no member of Congress, 
or other person holding any office (except of attorney-at-law or 
in the militia), under the United States, or this Common- 
wealth, shall be a member of either House during his contin- 
uance in office. 

Sec. 7. No person hereafter convicted of embezzlement of 
public moneys, bribery, perjury, or other infamous crime, 
shall be eligible to the General Assembly, or capable of holding 
any office of trust or profit in this Commonwealth. 

Sec. 8. The members of the General Assembly shall receive 
such salary and mileage for regular and special sessions as 
shall be fixed by law, and no other compensation whatever, 
whether for service upon committee or otherwise. No mem- 
ber of either House shall, during the term for which he may 
have been elected, receive any increase of salary or mileage, un- 
der any law passed during such term. 

Sec. 9, The Senate shall, at the beginning and close of each 



CONSTITUTION OF PENNSYLVANIA. XI 

regular session, and at such other times as may be necessary, 
elect one of its members President pro tempore, who shall per- 
form the duties of the Lieutenant Governor, in any case of ab- 
sence or disability of that officer, and whenever the said office 
of Lieutenant Governor shall be vacant. The House of Rep- 
resentatives shall elect one of its members as Speaker. Each 
House shall choose its other officers, and shall judge of the 
election and qualifications of its members. 

Sec. 10. A majority of each House shall constitute a 
quorum, but a smaller number may adjourn from day to day, 
and compel the attendance of absent members. 

Sec. 11. Each House shall have power to determine the 
rules of its proceedings, and punish its members or other per- 
sons for contempt or disorderly behavior in its presence, to en- 
force obedience to its process, to protect its members against 
violence, or offers of bribes or private solicitation, and with the 
concurrence of two-thirds, to expel a member, but not a second 
time for the same cause, and shall have all other powers necessary 
for the Legislature of a free State. A member expelled for 
corruption shall not thereafter be eligible to either House, and 
punishment for contempt or disorderly behavior shall not bar 
an indictment for the same offense. 

Sec. 12. Each House shall keep a journal of its proceedings, 
and from time to time publish the same, except such parts as 
require secrecy, and the yeas and nays of the members on any 
question shall, at the desire of any two of them, be entered on 
the journal. 

Sec. 13. The sessions of each House, and of committees of 
the whole, shall be open, unless when the business is such as 
ought to be kept secret. 

Sec. 14. Neither House shall, without the consent of the 
other, adjourn for more than three days, nor to any other place 
than that in which the two Houses shall be sitting. 

Sec. 15. The members of the General Assembly shall in all 
cases except treason, felony, violation of their oath of office, 
and breach or surety of the peace, be privileged from arrest 
during their attendance at the sessions of their respective 
Houses and in going to and returning from the same ; and for 
any speech or debate in either House they shall not be ques- 
tioned in any other place. 

Sec. 16. The State shall be divided into fifty Senatorial 
districts of compact and contiguous territory as nearly equal in 
population as may be, and each district shall be entitled to 
elect one Senator. Each county containing one or more ratios 
of population shall be entitled to one Senator for each ratio, and 
to an additional Senator for a surplus of population exceeding 
three-fifths of a ratio, but no county shall form a separate dis- 
trict unless it shall contain four-fifths of a ratio, except where 
the adjoining counties are each entitled to one or more Senators, 
when such county may be assigned a Senator on less than four- 



XII CONSTITUTION OF PENNSYLVANIA. 

fifths and exceeding one-half a ratio ; and no county shall be 
divided unless entitled to two or more Senators. No city or 
county shall be entitled to separate representation exceeding 
one-sixth of the whole number of Senators. No ward, borough, 
or township shall be divided in the formation of a district. The 
senatorial ratio shall be ascertained by dividing the whole 
population of the State by the number fifty. 

Sec. 17. The members of the House of Representatives shall 
be apportioned among the several counties, on a ratio obtained 
by dividing the population of the State, as ascertained by the 
most recent United States census, by two hundred. Every 
county containing less than five ratios shall have one 
Representative for every full ratio, and an additional Repre- 
sentative when the surplus exceeds half a ratio ; but each 
county shall have at least one Representative. Every county 
containing five ratios or more shall have one Representa- 
tive for every full ratio. Every city containing a population 
equal to a ratio shall elect separately its proportion of the Rep- 
resentatives allotted to the county in which it is located. Ev- 
ery city entitled to more than four Representatives, and every 
county having over one hundred thousand inhabitants, shall be 
divided into districts of compact and contiguous territory, each 
district to elect its proportion of Representatives according to its 
population, but no district shall elect more than four 
Represen tatives. 

Sec. 18. The General Assembly at its first session after the 
adoption of this Constitution, and immediately after each 
United States decennial census, shall apportion the State into 
senatorial and representative districts, agreeably to the pro- 
visions of the two next preceding sections. 



ARTICLE III. 

LEGISLATION. 

Sec. 1. No law shall be passed except by bill, and no bill 
shall be so altered or amended, on its passage through either 
House, as to change its original purpose. 

Sec. 2. No bill shall be considered unless referred to a com- 
mittee, returned therefrom, and printed for the use of the 
members. 

Sec. 3. No bills, except general appropriation bills, shall 
be passed containing more than one subject, winch shall be 
clearly expressed in its title. 

Sec. 4. Every bill shall be read at length on three different 
days, in each House ; all amendments made thereto shall be 
printed for the use of the members before the final vote is taken 
on the bill, and no bill shall become a law, unless on its final 
passage the vote be taken by yeas and nays, the names of the 



CONSTITUTION OF PENNSYLVANIA. XIII 

persons voting for and against the same be entered on the 
journal, and a majority of the members elected to each House 
oe recorded thereon as voting in its favor. 

Sec. 5. No amendments to bills by one House shall be con- 
curred in by the other, except by the vote of a majority of the 
members elected thereto, taken by yeas and nays, and the 
names of those voting for and against recorded upon the journal 
thereof ; and reports of committees of conference shall be 
adopted in either House only by the vote of a majority of the 
members elected thereto, taken by yeas and nays, and the 
names of those voting recorded upon the journals. 

Sec. 6. No law shall be revived, amended, or the provisions 
thereof extended or conferred, by reference to its title only, but 
so much thereof as is revived, amended, extended, or conferred, 
shall be re-enacted, and published at length. 

Sec. 7. The General Assembly shall not pass any local or 
special law authorizing the creation, extension, or impairing of 
liens; regulating the affairs of counties, cities, townships, 
wards, boroughs, or school districts ; changing the names of 
persons or places ; changing the venue in civil or criminal cases ; 
authorizing the laying out, opening, altering, or maintaining 
roads, highways, streets, or alleys ; relating to ferries or bridges, 
or incorporating ferry or bridge companies, except for the 
erection of bridges crossing streams which form boundaries 
between this and any other State ; vacating roads, town plats, 
streets, or alleys ; relating to cemeteries, grave-yards, or public 
grounds not of the State ; authorizing the adoption or legitima- 
tion of children ; locating or changing county seats ; erecting 
new counties, or changing county lines ; incorporating cities, 
towns, or villages, or changing their charters ; for the opening 
and conducting of elections, or fixing or changing the place 
of voting ; granting divorces ; erecting new townships or bor- 
oughs ; changing township lines, borough limits, or school dis- 
tricts ; creating offices, or prescribing the powers and duties of 
officers in counties, cities, boroughs, townships, election, or 
school districts ; changing the law of descent or succession ; 
regulating the practice or jurisdiction of, or changing the rules 
of evidence in, any judicial proceeding or inquiry before courts, 
aldermen, justices of the peace, sheriffs, commissioners, arbi- 
trators, auditors, masters in chancery, or other tribunals, or 
providing or changing methods for the collection of debts, or 
the enforcing of judgments, or prescribing the effect of judicial 
sales of real estate ; regulating the fees, or extending the powers 
and duties of aldermen, justices of the peace, magistrates, or 
constables ; regulating the management of public schools, the 
building or repairing of school-houses, and the raising of mon- 
ey for such purposes ; fixing the rate of interest ; affecting the 
estates of minors or persons under disability, except after due 
notice to all parties in interest, to be recited in the special enact- 
ment ; remitting fines, penalties and forfeitures, or refunding 



XIV CONSTITUTION OF PENNSYLVANIA. 

moneys legally paid into the treasury ; exempting property 
from taxation ; regulating labor, trade, mining or manufactur- 
ing ; creating corporations, or amending, renewing, or extend- 
ing the charters thereof ; granting to any corporation, associa- 
tion, or individual, any special or exclusive privilege or im- 
munity, or to any corporation, association, or individual, the 
right to lay down a railroad track ; nor shall the General As- 
sembly indirectly enact such special or local law by the partial 
repeal of a general law ; but laws repealing local or special acts 
may be passed ; nor shall any law be passed granting powers 
or privileges in any case where the granting of such powers and 
privileges shall have been provided for by general law, nor 
where the courts have jurisdiction to grant the same or give 
the relief asked for. 

Sec. 8. No local or special bill shall be passed unless notice 
of the intention to apply therefor shall have been published in 
the locality where the matter or the thing to be effected may 
be situated, which notice shall be at least thirty days prior to 
the introduction into the General Assembly of such bill and in 
the manner to be provided by law ; the evidence of such notice 
having been published shall be exhibited in the General As- 
sembly before such act shall be passed. 

Sec. 9. The presiding officer of each House shall, in the 
presence of the House over which he presides, sign all bills and 
joint resolutions passed by the General Assembly, after their 
titles have been publicly read immediately before signing ; and 
the fact of signing shall be entered on the journal. 

Sec. 10. The General Assembly shall prescribe by law the 
number, duties and compensation of the officers and employes 
of each House; and no payment shall be made from the State 
Treasury, or be in any way authorized, to any person, except 
to an acting officer or employe elected or appointed in pursuance 
of law. 

Sec. 11. No bill shall be passed giving any extra compen- 
sation to any public officer, servant, employ^, agent or con- 
tractor, after services shall have been rendered or contract 
made, nor providing for the payment of any claim against th( 
Commonwealth without previous authority of law. 

Sec. 12. All stationery, printing paper, and fuel used ii 
the legislative and other departments of government shall b 
furnished, and the printing, binding and distributing of th . 
laws, journals, department reports, and all other printing and 
binding, and the repairing and furnishing the halls and rooms 
used for the meetings of the General Assembly and its com- 
mittees, shall be performed under contract to be given to the 
lowest responsible bidder below such maximum price and under 
such regulations as shall be prescribed by law ; no member or 
officer of any department of the government shall be in any 
way interested in such contracts; and all such contracts shall 



CONSTITUTION OF PENNSYLVANIA. XV 

be subject to the approval of the Governor, Auditor General 
and State Treasurer. 

Sec. 13. No law shall extend the term of any public officer, 
or increase or diminish his salary or emoluments, after his 
election or appointment. 

Sec. 14. All bills for raising revenue shall originate in the 
House of Representatives, but the Senate may propose amend- 
ments as in other bills. 

Sec. 15. The general appropriation bill shall embrace 
nothing but appropriations for the ordinary expenses of the 
executive, legislative and judicial departments of the Com- 
monwealth, interest on the public debt and for public schools ; 
all other appropriations shall be made by separate bills, each 
embracing but one subject. 

Sec. 16. Xo money shall be paid out of the treasury except 
upon appropriations made by law, and on warrant drawn by 
the proper officer in pursuance thereof. 

Sec. 17. Xo appropriation shall be made to any charitable 
or educational institution not under the absolute control of the 
Commonwealth, other than normal schools established by law 
for the professional training of teachers for the public schools 
of the State, except by a vote of two-thirds of all the members 
elected to each House. 

Sec. 18. No appropriations, except for pensions or gratui- 
ties for military services, shall be made for charitable, educa- 
tional or benevolent purposes to any person or community, 
nor to any denominational or sectarian institution, corporation, 
or association. 

Sec. 19. The General Assembly may make appropriations 
of money to institutions wherein the widows of soldiers are 
supported or assisted, or the orphans of soldiers are main- 
tained and educated; but such appropriations shall be applied 
exclusively to the support of such widows and orphans. 

Sec. 20. The General Assembly shall not delegate to any 
special commission, private corporation or association, any 
power to make, supervise, or interfere with any municipal 
improvement, money, property or effects, whether held in trust 
or otherwise, or to levy taxes or perform any municipal func- 
.tion whatever. 

Sec. 21. Xo act of the General Assembly shall limit the 
amount to be recovered for injuries resulting in death, or for 
injuries to persons or property ; and in case of death from 
such injuries, the right of action shall survive, and the Gen- 
eral Assembly shall prescribe for whose benefit such actions 
shall be prosecuted. Xo act shall prescribe any limitations of 
time within which suits may be brought against corporations 
for injuries to persons or property, or for other causes different 
from those fixed by general laws regulating actions against 
natural persons, arid such acts now existing are avoided. 

Sec. 22. Xo act of the General Assembly shall authorize 



XVI CONSTITUTION OF PENNSYLVANIA. 

the investment of trust funds by executors, administrators, 
guardians or other trustees, in the bonds or stock of any 
private corporation, and such acts now existing are avoided, 
saving investments heretofore made. 

Sec. 23. The power to change the venue in civil and crim- 
inal cases shall be vested in the courts, to be exercised in such 
manner as shall be provided by law. 

Sec. 24. No obligation or liability of any railroad or other 
corporation, held or owned by the Commonwealth, shall ever 
be exchanged, transferred, remitted, postponed, or in any way 
diminished by the General Assembly, nor shall such liability 
or obligation be released, except by payment thereof into the 
State treasury. 

Sec. 25. When the General Assembly shall be convened in 
special session there shall be no legislation upon subjects othei 
than those designated in the proclamation of the Governor 
calling such session. 

Sec. 26. Every order, resolution or vote, to which the con- 
currence of both Houses may be necessary, (except on the 
question of adjournment,) shall be presented to the Governor, 
and, before it shall take effect, be approved by him, or, being 
disapproved, shall be re-passed by two-thirds of both Houses, 
according to the rules and limitations prescribed in case of a bill. 

Sec. 27. No State office shall be continued or created for the 
inspection or measuring of any merchandise, manufacture, or 
commodity, but any county or municipality may appoint such 
officers when authorized by law. 

Sec. 28. No law changing the location of the capital of the 
State shall be valid, until the same shall have been submitted 
to the qualified electors of the Commonwealth at a general 
election, and ratified and approved by them. 

Sec 29. A member of the General Assembly who shall so- 
licit, demand, or receive or consent to receive, directly or indirect- 
ly, for himself or for another, from any company, corporation 
or person, any money, office, appointment, employment, testi- 
monial, reward, thing of value, or enjoyment, or" of personal 
advantage, or promise thereof, for his vote, or official influence, 
or for withholding the same, or with an understanding, ex- 
pressed or implied, that his vote or official action shall be, in 
any way, influenced thereby, or who shall solicit, or demand 
any such money, or other advantage, matter, or thing aforesaid 
for another, as the consideration of his vote or official influence 
or for withholding the same, or shall give, or withhold his vote 
or influence, in consideration of the payment or promise of such 
money, advantage, matter or thing to another, shall be held 
guilty of bribery within the meaning of this Constitution, and 
shall incur the disabilities provided thereby for said offense, and 
such additional punishment as is or shall be provided by law. 

Sec. 30. Any person who shall, directly or indirectly, offer, 
qrive, or promise, any money or thing of value, testimonial, 



CONSTITUTION OF PENNSYLVANIA. XVII 

privilege or personal advantage to any executive or judicial 
officer, or member of the General Assembly, to influence him in 
the performance of any of his public or official duties, shall be 
guilty of bribery, and be punished in such manner as shall be 
provided by law. 

Sec. 31. The offense of corrupt solicitation of members of 
the General Assembly, or of public officers of the State, or of 
any municipal division thereof, and any occupation, or prac- 
tice of solicitation, of such members or officers, to influence 
their official action, shall be defined by law, and shall be pun- 
ished by tine and imprisonment. 

Sec. 32. Any person may be compelled to testify in any 
lawful investigation, or judicial proceeding, against any per- 
son, who may be charged with having committed the offense 
of bribery or corrupt solicitation, or practices of solicitation, and 
shall not be permitted to withhold his testimony upon the 
ground that it may criminate himself, or subject him to public 
infamy ; but such testimony shall not afterwards be used 
against him in any judicial proceeding, except for perjury in 
giving such testimony ; and any person convicted of either of 
the offenses aforesaid shall, as part of the punishment therefor, 
be disqualified from holding any office or position of honor, 
trust or profit in this Commonwealth. 

Sec. 33. A member who has a personal or private interest 
in any measure or bill proposed or pending before the General 
Assembly, shall disclose the fact to the House of which he is a 
member, and shall not vote thereon. 



ARTICLE IV. 

THE EXECUTIVE. 

Sec. 1. The executive department of this Commonwealth 
shall consist of a Governor, Lieutenant Governor, Secretary of 
the Commonwealth, Attorney General, Auditor General, State 
Treasurer, Secretary of Internal Affairs, and a Superintendent 
of Public Instruction. 

Sec. 2. The supreme executive power shall be vested in the 
Governor, who shall take care that the laws be faithfully 
executed ; he shall be chosen on the day of the general election, 
by the qualified electors of the Commonwealth, at the places 
where they shall vote for Representatives. The returns of 
every election for Governor shall be sealed up and transmitted 
to the seat of government, directed to the President of the Sen- 
ate, who shall open and publish them in the presence of the 
members of both Houses of the General Assembly. The person 
having the highest number of votes shall be Governor ; but if 
two or more be equal and highest in votes, one of them shall be 
chosen Governor by the joint vote of the members of both 



XVIII CONSTITUTION OF PENNSYLVANIA. 

Houses. Contested elections shall be determined by a commit- 
tee, to be selected from both Houses of the General Assembly, 
and formed and regulated in such a manner as shall be directed 
by law. 

Sec 3. The Governor shall hold his office during four years, 
from the third Tuesday of January next ensuing his election, 
and shall not be eligible to the office for the next succeeding 
term. 

Sec. 4. A Lieutenant Governor shall be chosen at the same 
time, in the same manner, for the same term, and subject to 
the same provisions as the Governor ; he shall be President of 
the Senate, but shall have no vote unless they be equally divided. 

Sec. 5. No person shall be eligible to the office of Governor 
or Lieutenant Governor, except a citizen of the United States, 
who shall have attained the age of thirty years, and have been 
seven years next preceding his election an inhabitant of the 
State, unless he shall have been absent on the public business 
of the United States or of this State. 

Sec. 6. No member of Congress, or person holding an office 
under the United States or this State, shall exercise the office 
of Governor or Lieutenant Governor. 

Sec. 7. The Governor shall be commander-in-chief of the 
army and navy of the Commonwealth, and of the militia, ex- 
cept when they shall be called into the actual service of the 
United States. 

Sec. 8. He shall nominate, and, by and with the advice 
and consent of two-thirds of all the members of the Senate, ap- 
point a Secretary of the Commonwealth and an Attorney Gen- 
eral during pleasure, a Superintendent of Public Instruction 
for four years, and such other officers of the Commonwealth as 
he is or may be authorized by the Constitution or by law to 
appoint ; he shall have power to fill all vacancies that may 
happen in offices to which he may appoint, during the recess of 
the Senate, by granting commissions which shall expire at the 
end of their next session ; he shall have power to fill any va- 
cancy that may happen, during the recess of the Senate, in 
the office of Auditor General, State Treasurer, Secretary of In- 
ternal Affairs, or Superintendent of Public Instruction, in a 
judicial office, or in any other elective office which he is or may 
be authorized to fill ; if the vacancy shall happen during the 
session of the Senate, the Governor shall nominate to the Sen- 
ate, before their final adjournment, a proper person to fill said 
vacancy ; but in any such case of vacancy in an elective office, 
a person shall be chosen to said office at the next general 
election, unless the vacancy shall happen within three calendar 
months immediately preceding such election, in which case the 
election for said office shall be at the second succeeding general 
election. In acting on executive nominations the Senate shall 
sit with open doors, and in confirming or rejecting the nomi 



CONSTITUTION OF PENNSYLVANIA. XIX 

nations of the Governor, the vote shall be taken by yeas and 
nays, and shall be entered on the journal. 

Sec. 9. He shall have power to remit fines and forfeitures, 
to grant reprieves, commutations of sentences and pardons, 
except in cases of impeachment ; but no pardon shall be granted 
nor sentence commuted, except upon the recommendation, 
in writing, of the Lieutenant Governor, Secretary of the Com- 
monwealth, Attorney General and Secretary of Internal Af- 
fairs, or any three of them, after full hearing, upon due public 
notice and in open session ; and such recommendation , with 
the reasons therefor at length, shall be recorded and filed in 
the office of the Secretary of the Commonwealth. 

Sec. 10. He may require information, in writing, from the 
officers of the executive department, upon any subject relating 
to the duties of their respective offices. 

Sec. 11. He shall, from time to time, give to the General 
Assembly information of the state of the Commonwealth, and 
recommend to their consideration such measures as he may 
judge expedient. 

Sec. 12. He may on extraordinary occasions, convene the 
General Assembly ; and in case of disagreement between the 
two Houses, with respect to the time of adjournment, adjourn 
them to such time as he shall think proper, not exceeding four 
months. He shall have power to convene the Senate in extra- 
ordinary session by proclamation, for the transaction of execu- 
tive business. 

Sec. 13. In case of the death, conviction or impeachment, 
failure to qualify, resignation, or other disability of the Gov- 
ernor, the powers, duties and emoluments of the office, for the 
remainder of the term, or until the disability be removed, shall 
devolve upon the Lieutenant Governor. 

Sec. 14. In case of a vacancy in the office of Lieutenant 
Governor, or when the Lieutenant Governor shall be impeached 
by the House of Representatives, or shall be unable to exer- 
cise the duties of his office, the powers, duties and emolu- 
ments thereof for the remainder of the term, or until the disa- 
bility be removed, shall devolve upon the President pro tern- 
pore of the Senate ; and the President pro tempore of the Sen- 
ate shall in like manner become Governor if a vacancy or disa- 
bility shall occur in the office of Governor ; his seat as Senator 
shall become vacant whenever he shall become Governor, and 
shall be filled by election as any other vacancy in the Senate. 

Sec. 15. Every bill which shall have passed both Houses 
shall be presented to the Governor ; if he approve he shall sign 
it ; but if he shall not approve he shall return it, with his ob- 
jections, to the House in which it shall have originated, which 
House shall enter the objections at large upon their journal and 
proceed to reconsider it. If, after such re-consideration, two- 
thirds of all the members elected to that House shall agree to pass 
the bill, it shall be sent with the objections, to the other House, by 



XX CONSTITUTION OF PENNSYLVANIA. 

which likewise it shall be re-considered, and if approved by 
two-thirds of all the members elected to that House, it shall be 
a law ; but in such cases the votes of both Houses shall be de- 
termined by yeas and nays, and the names of the members 
voting for and against the bill shall be entered on the journals 
of each House respectively. If any bill shall not be returned 
by the Governor within ten days after it shall have been pre- 
sented to him, the same shall be a law, in like manner as if he 
had signed it, unless the General Assembly by their adjourn- 
ment prevent its return ; in which case it shall be a law, unless 
he shall file the same with his objections, in the office of the 
Secretary of the Commonwealth, and give notice thereof by 
public proclamation within thirty days after such adjourn- 
ment. 

Sec. 16. The Governor shall have power to disapprove of any 
item or items of any bill making appropriation of money, em- 
bracing distinct items, and the part or parts of the bill approved 
shall be the law, and the item or items of appropriations disap- 
proved shall be void, unless re-passed according to the rules and 
limitations prescribed for the passage of other bills over the ex- 
ecutive veto. 

Sec. 17. The Chief Justice of the Supreme Court shall pre- 
side upon the trial of any contested election of Governor or 
Lieutenant Governor, and shall decide questions regarding the 
admissibility of evidence, and shall, upon request of the com- 
mittee, pronounce his opinion upon other questions of law in- 
volved in the trial. The Governor and Lieutenant Governor 
shall exercise the duties of their respective offices until their 
successors shall be duly qualified. 

Sec. 18. The Secretary of the Commonwealth shall keep a 
record of all official acts and proceedings of the Governor, and 
when required, lay the same, with all papers, minutes and 
vouchers relating thereto, before either branch of the General 
Assembly, and perform such other duties as may be enjoined 
upon him by law. 

Sec. 19. The Secretary of Internal Affairs shall exercise all 
the powers, and perform all the duties of the Surveyor General, 
subject to such changes as shall be made by law. His depart- 
ment shall embrace a bureau of industrial statistics, and he shall 
discharge such duties relating to corporations, to the charitable 
institutions, the agricultural, manufacturing, mining, mineral, 
timber and other material or business interests of the State as 
may be prescribed by law. He shall annually, and at such 
other times as may be required by law, make report to the 
General Assembly. 

Sec. 20. The Superintendent of Public Instruction shall ex- 
ercise all the powers and perform all the duties of the Superin- 
tendent of Common Schools, subject to such changes as shall be 
made by law. 

Sec. 21. The term of the Secretary of Internal Affairs shaD 



CONSTITUTION OF PENNSYLVANIA. XXI 

be four years; of the Auditor General, three years; and of the 
State Treasurer, two years. These officers shall be chosen by 
the qualified electors of the State at general elections. No per- 
son elected to the office of Auditor General or State Treasurer 
shall be capable of holding the same office for two consecutive 
terms. 

Sec. 22. The present Great Seal of Pennsylvania shall be 
the seal of the State. All commissions shall "be in the name 
and by authority of the Commonwealth of Pennsylvania, and 
be sealed with the State seal, and signed by the Governor. 



ARTICLE V. 

THE JUDICIARY. 

Sec. 1. The judicial power of this Commonwealth shall be 
vested in a Supreme Court, in courts of common pleas, courts 
of oyer and terminer and general jail delivery, courts of quarter 
sessions of the peace, orphans' courts, magistrates' courts, and 
in such other courts as the General Assembly may from time 
to time establish. 

Sec. 2. The Supreme Court shall consist of seven judges, 
who shall be elected by the qualified electors of the State at 
large. They shall hold their offices for the term of twenty-one 
years, if they so long behave themselves well, but shall not be 
again eligible. The judge whose commission shall first expire 
shall be chief justice, and thereafter each judge whose commis- 
sion shall first expire shall in turn be chief justice. 

Sec. 3. The jurisdiction of the Supreme Court shall extend 
over the State, and the judges thereof shall, by virtue of their 
offices, be justices of oyer and terminer and general jail delivery 
in the several counties ; they shall have original jurisdiction in 
cases of injunction where a corporation is a party defendant, of 
habeas corpus, of mandamus to courts of inferior jurisdiction, 
and of quo warranto as to all officers of the Commonwealth 
whose jurisdiction extends over the State, but shall not exer- 
cise any other original jurisdiction ; they shall have appellate 
jurisdiction by appeal, certiorari, or writ of error, in all cases, 
as is now or may hereafter be provided by law. 

Sec. 4. Until otherwise directed by law, the courts of com- 
mon pleas shall continue as at present established, except as 
herein changed ; not more than four counties shall at any time, 
be included in one judicial district organized for said courts. 

Sec. 5. Whenever a county shall contain forty thousand in- 
habitants it shall constitute a separate judicial district, and 
shall elect one judge learned in the law; and the General As- 
sembly shall provide for additional judges, as the business of 
the said districts may require. Counties containing a popula- 
tion less than is sufficient to constitute separate districts shall 



XXII CONSTITUTION OF PENNSYLVANIA. 

be formed into convenient single districts, or, if necessary, may 
be attached to contiguous districts as the General Assembly may 
provide. The office of associate judge, not learned in law, is 
abolished in counties forming separate districts ; but the several 
associate judges in office when this Constitution shall be 
adopted shall serve for their unexpired terms. 

Sec. 6. In the counties of Philadelphia and Allegheny all 
the jurisdiction and powers now vested in the district courts of 
common pleas, subject to such changes as may be made by this 
Constitution or by law, shall be, in Philadelphia, vested in four 
and in Allegheny in two, distinct and separate courts of equal 
and coordinate jurisdiction, composed of three judges each ; the 
said courts in Philadelphia shall be designated respectively as 
the court of common pleas number one, number two, number 
three, and number four, and in Allegheny as the court of com- 
mon pleas number one and number two, but the number of 
said courts may be by law increased, from time to time, and 
shall be in like manner designated by successive numbers ; the 
number of judges in any of said courts, or in any county where 
the establishment of an additional court may be authorized by 
law, may be increased from time to time, and whenever such 
increase shall amount in the whole to three, such three judges 
shall compose a distinct and separate court as aforesaid, which 
shall be numbered as aforesaid. In Philadelphia, all suits shall 
be instituted in the said courts of common pleas without desig- 
nating the number of said court, and the several courts shall dis- 
tribute and apportion the business among them in such man- 
ner as shall be provided by rules of court; and each court to 
which any suit shall be thus assigned, shall have exclusive 
jurisdiction thereof, subject to change of venue, as shall be 
provided by law. In Allegheny each court shall have exclu- 
sive jurisdiction of all proceedings at law and in equity, com- 
menced therein, subject to change of venue, as may be provided 
by law. 

Sec. 7. For Philadelphia there shall be one prothonotary' s 
office and one prothonotary for all said courts, to be appointed 
by the judges of said courts, and to hold office for three years, 
subject to removal by a majority of the said judges; the said 
prothonotary shall appoint such assistants as may be necessary 
and authorized by said courts ; and he and his assistants shall 
receive fixed salaries, to be determined by law and paid by said 
county ; all fees collected in said office, except such as may be 
by law due to'the Commonwealth, shall be paid by the prothono- 
tary into the county treasury. Each court shall have its sepa- 
rate dockets, except the judgment docket, which shall contain 
the judgments and liens of all the said courts, as is or may 
be directed by law. 

Sec. 8. The said courts in the counties of Philadelphia and 
Allegheny, respectively, shall, from time to time, in turn, de- 
tail one or more of their judges to hold the courts of oyer and 



CONSTITUTION OF PENNSYLVANIA. XXIII 

terminer and the courts of quarter sessions of the peace of said 
counties, in such manner as may be directed by law. 

Sec. 9. Judges of the courts of common pleas learned in the 
law shall be judges of the courts of oyer and terminer, quarter 
sessions of the peace and general jail delivery, and of the or- 
phan's court, and within their respective districts, shall be 
justices of the peace as to criminal matters. 

Sec. 10. The judges of the courts of common pleas, within 
their respective counties, shall have power to issue writs of 
certiorari to justices of the peace, and other inferior courts not 
of record, and to cause their proceedings to be brought before 
them, and right and justice to be done. 

Sec. 11. Except as otherwise provided in this Constitution, 
justices of the peace or aldermen, shall be elected in the sev- 
eral wards, districts, boroughs and townships at the time of 
the election of constables by the qualified electors thereof, in 
such manner as shall be directed by law, and shall be commis- 
sioned by the Governor for a term of five years. No township, 
ward, district or borough shall elect more than two justices of 
the peace or aldermen, without the consent of a majority of 
the qualified electors within such township, ward or borough ; 
no person shall be elected to such office unless he shall have re- 
sided within the township, borough, ward or district, for one 
year next preceding his election. In cities containing over 
fifty thousand inhabitants not more than one alderman shall 
be elected in each ward or district. 

Sec. 12. In Philadelphia there shall be established, for 
each thirty thousand inhabitants, one court, not of record, of 
police and civil causes, with jurisdiction not exceeding one 
hundred dollars; such courts shall be held by magistrates whose 
term of office shall be five years, and they shall be elected on 
general ticket by the qualified voters at large ; and in the 
election of the said magistrates no voter shall vote for more 
than two-thirds of the number of persons to be elected when 
more than one are to be chosen ; they shall be compensated 
only by fixed salaries, to be paid by said county ; and shall ex- 
ercise such jurisdiction, civil and criminal, except as herein 
provided, as is now exercised by aldermen, subject to such 
changes, not involving an increase of civil jurisdiction or con- 
ferring political duties, as may be made by law. In Philadel- 
phia the office of aldermen is abolished. 

Sec. 13. All fees, fines and penalties in said courts shall be 
paid into the county treasury. 

Sec. 14. In all cases of summary conviction in this Com- 
monwealth, or of judgment in suit for a penalty before a mag- 
istrate or court not of record, either party may appeal to such 
court of record, as may be prescribed by law, upon allowance 
of the appellate court, or judge thereof, upon cause shown. 

Sec. 15. All judges required to be learned in the law, except 
the judges of the Supreme Court, shall be elected by the quali- 



XXIV CONSTITUTION OF PENNSYLVANIA. 

fied electors of the respective districts over which they are to 
preside, and shall hold their offices for the period of ten years, 
if they shall so long behave themselves well ; but for any rea- 
sonable cause, which shall not be sufficient ground fbr im- 
peachment, the Governor may remove any of them on the ad- 
dress of two-thirds of each House of the General Assembly. 

Sec. 16. Whenever two judges of the Supreme Court are to 
be chosen for the same term of service, each voter shall vote 
for one only, and when three are to be chosen he shall vote for 
no more than two ; candidates highest in vote shall be declared 
elected. 

Sec. 17. Should any two or more judges of the Supreme 
Court, or any two or more judges of the court of common pleas 
for the same district, be elected at the same time, they shall, as 
soon after the election as convenient, cast lots for priority of 
commission, and certify the result to the Governor, who shall 
issue their commissions in accordance therewith. 

Sec. 18. The judges of the Supreme Court and the judges 
of the several courts of common pleas, and all other judges re- 
quired to be learned in the law, shall, at stated times, receive 
for their services an adequate compensation, which shall be 
fixed by law, and paid by the State. They shall receive no 
other compensation, fees or perquisites of office, for their ser- 
vices from any source, nor hold any other office of profit under 
the United States, this State, or any other State. 

Sec. 19. The judges of the Supreme Court, during their con- 
tinuance in office, shall reside within this Commonwealth; and 
the other judges during their continuance in office shall reside 
within the districts for which they shall be respectively elected. 

Sec. 20. The several courts of common pleas, besides the 
powers herein conferred, shall have and exercise within their 
respective districts, subject to such changes as may be made by 
law, such chancery powers as are now vested by law in the 
several courts of common pleas of this Commonwealth, or as 
may hereafter be conferred upon them by law. 

Sec. 21. No duties shall be imposed by law upon the Su- 
preme Court or any of the judges thereof except such as are ju- 
dicial; nor shall any of the judges exercise any power of ap- 
pointment except as herein provided. The court of nisi prius 
is hereby abolished, and no court of original jurisdiction to be 
presided over by any one or more of the judges of the Supreme 
Court shall be established. 

Sec. 22. In every county wherein the population shall ex- 
ceed one hundred and fifty thousand, the General Assembly 
shall, and in any other county may, establish a separate or- 
phans' court, to consist of one or more judges who shall be 
learned in the law, which court shall exercise all the jurisdic- 
tion and powers now vested in or which may hereafter be con- 
ferred upon the orphans' courts, and thereupon the jurisdiction 
of the judges of the court of common pleas within such county, 



CONSTITUTION OF PENNSYLVANIA. XXV 

in orphans' court proceedings, shall cease and determine. In 
any county in which a separate orphans' court shall be estab- 
lished, the register of wills shall be clerk of such court and sub- 
ject to its directions, in all matters pertaining to his office; he 
may appoint assistant clerks, but only with the consent and 
approval of said court. All accounts filed with him as register 
or as clerk of the said separate orphans' court, shall be audited 
by the court without expense to parties, except where all par- 
ties in interest in a pending proceeding shall nominate an audi- 
tor whom the court may, in its discretion, appoint. In every 
county orphans' courts shall possess all the powers and juris- 
diction of a registers' court, and separate registers' courts are 
hereby abolished. 

Sec. 23. The style of all process shall be "The Common- 
wealth of Pennsylvania." All prosecutions shall be carried on 
in the name and by the authority of the Commonwealth of 
Pennsylvania, and conclude "against the peace and dignity of 
the same." 

Sec. 24. In all cases of felonious homicide, and in such 
other criminal cases as may be provided for by law, the accused, 
after conviction and sentence, may remove the indictment, 
record, and all proceedings to the Supreme Court for review. 

Sec. 25. Any vacancy happening by death, resignation, or 
otherwise, in any court of record, shall be filled by appointment 
by the Governor, to continue till the first Monday of January 
next succeeding the first general election, which shall occur 
three or more months after the happening of such vacancy. 

Sec. 26. All laws relating to courts shall be general, and of 
uniform operations, and the organization, jurisdiction, and 
powers of all courts of the same class or grade, so far as regu- 
lated by law, and the force and effect of the process and judg- 
ments of such courts shall be uniform; and the General As- 
sembly is hereby prohibited from creating other courts to exer- 
cise the powers vested by this Constitution in the judges of the 
courts of common pleas and orphans' courts. 

Sec. 27. The parties by agreement filed, may in any civil 
case dispense with trial by jury, and submit the decision of 
such case to the court having jurisdiction thereof, and such 
court shall hear and determine the same; and the judgment 
thereon shall be subject to writ of error, as in other cases. 



ARTICLE VI. 

IMPEACHMENT AND EEMOVAL FROM OFFICE. 

Sec. 1. The House of Representatives shall have the sole 
power of impeachment. 

Sec. 2. All impeachments shall be tried by the Senate. 
When sitting for that purpose, the Senators shall be upon oath 



XXVI CONSTITUTION OF PENNSYLVANIA. 

or affirmation. No person shall be convicted without the con- 
currence of two-thirds of the members present. 

Sec. 3. The Governor, and all other civil officers, shall be 
liable to impeachment for any misdemeanor in office; but judg- 
ment in such cases shall not extend further than to removal 
from office, and disqualification to hold any office of trust or 
profit under this Commonwealth; the person accused, whether 
convicted or acquitted, shall nevertheless be liable to indict- 
ment, trial, judgment, and punishment, according to law. 

Sec. 4. All officers shall hold their offices on the condition 
that they behave themselves well while in office, and shall be 
removed on conviction of misbehavior in office, or of any in- 
famous crime. Appointed officers, other than judges of the 
courts of record and the Superintendent of Public Instruction, 
may be removed at the pleasure of the power by which they 
shall have been appointed. All officers elected by the people, 
except Governor, Lieutenant Governor, members of the Gen- 
eral Assembly, and judges of the courts of record learned in the 
law, shalL be removed by the Governor for reasonable cause, 
after due notice and full hearing, on the address of two-thirds 
of the Senate. 

ARTICLE VII. 

OATH OF OFFICE. 

Sec. 1. Senators and Representatives, and all judicial 
State, and county officers, shall, before entering on the duties 
of their respective offices, take and subscribe the following oath 
or affirmation : 

"I do solemnly swear (or affirm) that I will support, obey, 
and defend the Constitution of the United States, and the Con- 
stitution of this Commonwealth, and that I will discharge the 
duties of my office with fidelity ; that I have not paid or con- 
tributed, or promised to pay or contribute, either directly or 
indirectly, any money or other valuable thing, to procure my 
nomination or election (or appointment), except for necessary 
and proper expenses expressly authorized by law ; that I have 
not knowingly violated any election law of this Commonwealth, 
or procured it to be done by others in my behalf ; that I will 
not knowingly receive, directly or indirectly, any moneys or 
other valuable thing for the performance or non-performance 
of any act or duty pertaining to my office, other than the 
compensation allowed by law." 

The foregoing oath shall be administered by some person 
authorized to administer oaths, and in the case of State officers 
and judges of the Supreme Court, shall be filed in the office of 
the Secretary of the Commonwealth, and in the case of other 
judicial and county officers, in the office of the prothonotary of 
the county in which the same is taken ; any person refusing *o 



CONSTITUTION OF PENNSYLVANIA. XXVII 

take said oath or affirmation shall forfeit his office, and any 
person who shall be convicted of having sworn or affirmed 
falsely, or of having violated said oath or affirmation, shall be 
guilty of perjury, and be forever disqualified from holding any 
office of trust or profit within this Commonwealth. The oath 
to the members of the Senate and House of Representatives 
shall be administered by one of the judges of the Supreme 
Court or of a court of common pleas, learned in the law, in the 
hall of the House to which the members shall be elected. 

ARTICLE VIII. 

SUFFRAGE AND ELECTIONS. 

Sec. 1. Every male citizen twenty -one years of age posses- 
sing the following qualifications shall be entitled to vote at all 
elections : First. He shall have been a citizen of the United 
States at least one month. Second. He shall have resided in 
the State one year (or if, having previously been a qualified 
elector or native born citizen of the State, he shall have 
removed therefrom and returned, then six months) immedi- 
ately preceding the election. Third. He shall have resided in 
the election district where he shall offer to vote at least two 
months immediately preceding the election. Fourth. If 
twenty-two years of age or upwards he shall have paid within 
two years a State or county tax, which shall have been assessed 
at least two months and paid at least one month before the 
election. 

Sec. 2. The general election shall be held annually on the 
Tuesday next following the first Monday of November, but 
the General Assembly may by law fix a different day, two- 
thirds of all the members of each House consenting thereto. 

Sec. 3. All elections for city, ward, borough and township 
officers, for regular terms of service, shall be held on the third 
Tuesday of February. 

Sec. 4. All elections by the citizens shall be by ballot. 
Every ballot voted shall be numbered in the order in which it 
shall be received, and the number recorded by the election of- 
ficers on the list of voters, opposite the name of the elector who 
presents the ballot. Any elector may write his name upon his 
ticket, or cause the same to be written thereon and attested by 
a citizen of the district. The election officers shall be sworn 
or affirmed not to disclose how any elector shall have voted 
unless required to do so as witnesses in a judicial proceeding. 

Sec. 5. Electors shall in all cases, except treason, felony 
and breach or surety of the peace, be privileged from arrest 
during their attendance on elections, and going to and return- 
ing therefrom. 

Sec. 6. Whenever any of the qualified electors of this 
Commonwealth shall be in actual military service, under a 



XXVIII CONSTITUTION OF PENNSYLVANIA. 

requisition from the President of the United States, or by the 
authority of this Commonwealth, such electors may exercise 
the right of suffrage in all elections by the citizens, under such 
regulations as are, or shall be, prescribed by law, as fully as if 
they were present at their usual places of election. 

Sec. 7. All laws regulating the holding of elections by the 
citizens or for the registration of electors shall be uniform 
throughout the State, but no elector shall be deprived of the 
privilege of voting by reason of his name not being registered. 

Sec. 8. Any person who shall give, or promise or offer to 
give, to an elector, any money, reward or other valuable con- 
sideration for his vote at an election, or for withholding the 
same, or who shall give or promise to give such consideration 
to any other person or party for such elector's vote or for the 
withholding thereof, and any elector who shall receive or agree 
to receive, for himself or for another, any money, reward or 
other valuable consideration for his vote at an election, or for 
withholding the same, shall thereby forfeit the right to vote at 
such election, and any elector whose right to vote shall be 
challenged for such cause before the election officers, shall be 
required to swear or affirm that the matter of the challenge is 
untrue before his vote shall be received. 

Sec. 9. Any person who shall, while a candidate for office, 
be guilty of bribery, fraud or wilful violation of any election 
law, shall be forever disqualified from holding an office of 
trust or profit in this Commonwealth ; and any person con- 
victed of wilful violation of the election laws shall, in addition 
to any penalties provided by law, be deprived of the right of 
suffrage absolutely for a term of four years. 

Sec. 10. In trials of contested elections and in proceedings 
for the investigation of elections, no person shall be permitted 
to withhold his testimony upon the ground that it may crimi- 
nate himself or subject him to public infamy ; but such testi- 
mony shall not afterwards be used against him in any judicial 
proceeding except for perjury in giving such testimony. 

Sec. 11. Townships and wards of cities or boroughs, shall 
form or be divided into election districts of compact and con- 
tiguous territory, in such manner as the court of quarter ses- 
sions of the city or county in which the same are located may 
direct ; but districts in cities of over one hundred thousand 
inhabitants shall be divided by the courts of quarter sessions, 
having jurisdiction therein, whenever at the next preceding 
election more than two hundred and fifty votes shall have been 
polled therein ; and other election districts whenever the court 
of the proper county shall be of opinion that the convenience 
of the electors and the public interests will be promoted thereby. 

Sec. 12. All elections by persons in a representative capacity 
shall be viva voce. 

Sec. 13. For the purpose of voting no person shall be 
deemed to have gained a residence by reason of his presence, 



CONSTITUTION OF PENNSYLVANIA. XXIX 

or lost it by reason of his absence, while employed in the ser- 
vice, either civil or military, of this State or of the United 
States, nor while engaged in the navigation of the waters of 
the State or of the United States, or on the high seas, nor 
while a student of any institution of learning, nor while kept 
in any poor-house or other asylum at public expense, nor while 
confined in public prison. 

Sec. 14. District election boards shall consist of a judge 
and two inspectors, who shall be chosen annually by the citi- 
zens. Each elector shall have the right to vote for the judge 
and one inspector, and each inspector shall appoint one clerk. 
The first election board for any new district shall be selected, 
and vacancies in election boards filled as shall be provided by 
law. Election officers shall be privileged from arrest upon days 
of election, and while engaged in making up and transmitting 
returns, except upon warrant of court of record, or judge 
thereof, for an election fraud, for felony, or for wanton breach 
of the peace. In cities they may claim exemption from jury 
duty during their terms of service. 

Sec. 15. No person shall be qualified to serve as an election 
officer who shall hold, or shall within two months have held, 
an office, appointment, or employment in or under the govern- 
ment of the United States or of this State, or of any city or 
county, or of any municipal board, commission, or trust in 
any city, save only justices of the peace, and aldermen, notaries 
public, and persons in the militia service of the State ; nor 
shall any election officer be eligible to any civil office to be 
filled at an election at which he shall serve, save only to such 
subordinate municipal or local officers, below the grade of city 
or county officers, as shall be designated by general law. 

Sec. 16. The courts of common pleas of the several counties 
of the Commonwealth shall have power, within their respect- 
ive jurisdictions, to appoint overseers of election to supervise 
the proceedings of election officers, and to make report to the 
court as may be required; such appointments to be made for 
any district in a city or county upon petition of five citizens, 
lawful voters of such election districts, setting forth that such 
appointment is a reasonable precaution to secure the purity 
and fairness of elections; overseers shall be two in number for 
an election district, shall be residents therein, and shall be per- 
sons qualified to serve upon election boards, and in each case 
members of different political parties. Whenever the mem- 
bers of an election board shall differ in opinion, the overseers, 
if they shall be agreed thereon, shall decide the question of 
difference; in appointing overseers of election, all the law 
judges of the proper court, able to act at the time, shall concur 
in the appointments made. 

Sec. 17. The trial and determination of contested elections 
of electors of President and Vice President, members of the 
General Assembly, and of all public officers, whether State, 



XXX CONSTITUTION OF PENNSYLVANIA. 

judicial, municipal, or local, shall be by the courts of law, or by 
one or more of the law judges thereof, the General Assembly 
shall, by general law, designate the courts and judges by whom 
the several classes of election contests shall be tried, and regu- 
late the manner of trial, and all matters incident thereto; but 
no such law assigning jurisdiction, or regulating its exercise, 
shall apply to any contest arising out of an election held before 
its passage. 

ARTICLE IX. 

TAXATION AND FINANCE. 

Sec. 1. All taxes shall be uniform, upon the same class of 
subjects, within the territorial limits of the authority levying 
the tax, and shall be levied and collected under general laws; 
but the General Assembly may, by general laws, exempt from 
taxation public property used for public purposes, actual places 
of religious worship, places of burial not used or held for pri- 
vate or corporate profit, and institutions of a purely public 
charity. 

Sec. 2. All laws exempting property from taxation, other 
than the property above enumerated, shall be void. 

Sec. 3. The power to tax corporations and corporate prop- 
erty shall not be surrendered or suspended by any contract or 
grant to which the State shall be a party. 

Sec. 4. No debt shall be created by or on behalf of the 
State, except to supply casual deficiencies of revenue, repel in- 
vasions, suppress insurrection, defend the State in war, or to 
pay existing debt ; and the debt created to supply deficiencies 
in revenue shall never exceed, in the aggregate at any one 
time, one million of dollars. 

Sec. 5. All laws authorizing the borrowing of money by 
and on behalf of the State, shall specify the purpose for which 
the money is to be used, and the money so borrowed shall be 
used for the purpose specified, and no other. 

Sec. 6. The credit of the Commonwealth shall not be pledg- 
ed or loaned to any individual, company, corporation or asso- 
ciation, nor shall the Commonwealth become a joint-owner or 
stockholder in any company, association or corporation. 

Sec. 7. The General Assembly shall not authorize any 
county, city, borough, township or incorporated district to be- 
come a stockholder in any company, association or corporation, 
or to obtain or appropriate money for, or to loan its credit to, 
any corporation, association, institution or individual. 

Sec. 8. The debt of any county, city, borough, township, 
school district or other municipality or incorporated district, 
except as herein provided, shall never exceed seven per centum 
upon the assessed value of the taxable property therein, nor 
shall any such municipality or district incur any new debt, or 



CONSTITUTION OF PENNSYLVANIA. XXXI 

increase its indebtedness to an amount exceeding two per cen- 
tum upon such assessed valuation of property, without the as- 
sent of the electors thereof at a public election in such manner 
as shall be provided by law; but any city, the debt of which 
now exceeds seven per centum of such assessed valuation, may 
be authorized by law to increase the same three per centum, in 
the aggregate at any one time, upon such valuation. 

Sec. 9. The Commonwealth shall not assume the debt, or 
any part thereof, of any city, county, borough or township, 
unless such debt shall have been contracted to enable the 
State to repel invasion, suppress domestic insurrection, defend 
itself in time of war, or to assist the State in the discharge of 
any portion of its present indebtedness. 

Sec. 10. Any county, township, school district or other 
municipality, incurring any indebtedness, shall, at or before 
the time of so doing, provide for the collection of an annual tax, 
sufficient to pay the interest, and also the principal thereof 
within thirty years. 

Sec. 11. To provide for the payment of the present State 
debt, and any additional debt contracted as aforesaid, the Gen- 
eral Assembly shall continue and maintain the sinking fund 
sufficient to pay the accruing interest on such debt, and an- 
nually to reduce the principal thereof by a sum not less than 
two hundred and fifty thousand dollars ; the said sinking fund 
shall consist of the proceeds of the sales of the public works, or 
any part thereof, and of the income or proceeds of the sale of 
any stocks owned by the Commonwealth, together with other 
funds and resources that may be designated by law, and shall 
be increased from time to time by assigning to it any part 
of the taxes, or other revenues of the State, not required "for the 
ordinary and current expenses of government; and unless 
in case of war, invasion or insurrection, no part of the said 
sinking fund shall be used or applied otherwise than in the ex- 
tinguishment of the public debt. 

Sec. 12. The moneys of the State, over and above the neces- 
sary reserve, shall be used in the payment of the debt of the 
State, either directly or through the sinking fund, and the 
moneys of the sinking fund shall never be invested in or loaned 
upon the security of anything, except the bonds of the United 
States, or of this State. 

Sec. 13. The moneys held as necessary reserve shall be lim- 
ited by law to the amount required for current expenses, and 
shall be secured and kept as may be provided by law. Monthly 
statements shall be published, showing the amount of such 
moneys, w^here the same are deposited and how secured. 

Sec. 14. The making of profit out of the public moneys, or 
using the same for any purpose not authorized by law, by any 
officer of the State, or member or officer of the General As- 
sembly, shall be a misdemeanor, and shall be punished as may 
be provided by law, but part of such punishment shall be dis- 



XXXII CONSTITUTION OF PENNSYLVANIA. 

qualification to hold office for a period of not less than five 
years. 

ARTICLE X. 

EDUCATION. 

Sec. 1. The General Assembly shall provide for the main- 
tenance and support of a thorough and efficient system of pub- 
lic schools, wherein all the children of this Commonwealth, 
above the age of six years, may be educated, and shall appro- 
priate at least one million dollars each year for that purpose. 

Sec. 2. No money raised for the support of the public schools 
of the Commonwealth, shall be appropriated to, or used for, 
the support of any sectarian school. 

Sec. 3. Women twenty-one years of age and upwards shall 
be eligible to any office of control or management under the 
school laws of this State. 

ARTICLE XL 

MILITIA. 

Sec. 1. The freemen of this Commonwealth shall be armed, 
organized and disciplined for its defense, when, and in such 
manner as may be directed by law. The General Assembly 
shall provide for maintaining the militia, by appropriations 
from the Treasury of the Commonwealth, and may exempt 
from military service persons having conscientious scruples 
against bearing arms. 

ARTICLE XII. 

PUBLIC OFFICERS. 

Sec. 1. All officers, whose election is not provided for in this 
Constitution, shall be elected or appointed, as may be directed 
by law. 

Sec. 2. No member of Congress from this State, nor any 
person holding or exercising any office or appointment of trust 
or profit under the United States, shall at the same time hold 
or exercise any office in this State to which a salary, fees or per- 
quisites shall be attached. The General Assembly may by law 
declare what offices are incompatible. 

Sec. 3. Any person who shall fight a duel, or send a chal- 
lenge for that purpose, or be aider or abettor in fighting a duel, 
shall be deprived of the right of holding any office of honor 
or profit in this State, and may be otherwise punished as shall 
be prescribed by law. 



CONSTITUTION OF PENNSYLVANIA. XXXII J 

ARTICLE XIII. 

NEW COUNTIES. 

Sec. 1. No new county shall be established which shall re- 
duce any county to less than four hundred square miles, or to 
less than twenty thousand inhabitants, nor shall any county 
be formed of less area, or containing a less population; nor shall 
any line thereof pass within ten miles of the county seat of any 
county proposed to be divided. 

ARTICLE XIV. 

COUNTY OFFICERS. 

Sec. 1. County officers shall consist of sheriffs, coroners, 
prothonotaries, registers of wills, recorders of deeds, commis- 
sioners, treasurers, surveyors, auditors or controllers, clerks of 
the courts, district attorneys, and such others as may from time 
to time be established by law; and no sheriff or treasurer shall 
be eligible for the term next succeeding the one for which he 
may be elected. 

Sec. 2. County officers shall be elected at the general elec- 
tions, and shall hold their offices for the term of three years be- 
ginning on the first Monday of January next after their election, 
and until their successors shall be duly qualified; all vacancies 
not otherwise provided for, shall be filled in such manner as 
may be provided by law. 

Sec. 3. No person shall be appointed to any office within any 
county, who shall not have been a citizen and an inhabitant 
therein one year next before his appointment, if the county 
shall have been so long erected, but if it shall not have been so 
long erected, then within the limits of the county or counties 
out of which it shall have been taken. 

Sec. 4. Prothonotaries, clerks of the courts, recorders of 
deeds, registers of wills, county surveyors, and sheriffs, shall 
keep their offices in the county town of the county in which 
they respectively shall be officers. 

Sec. 5. The compensation of county officers shall be regulated 
by law, and all county officers who are or may be salaried shall 
pay all fees which they may be authorized to receive, into the 
treasury of the county or State, as may be directed by law. In 
counties containing over one hundred and fifty thousand in- 
habitants all county officers shall be paid by salary, and the 
salary of any such" officer and his clerks, heretofore paid by 
fees, shall not exceed the aggregate amount of fees earned dur- 
ing his term and collected by or for him. 

Sec. 6. The General Assembly shall provide by law for the 
strict accountability of all county, township and borough of- 



XXXIV CONSTITUTION Otf PENNSYLVANIA. 

ficers, as well as for the fees which may be collected by them, 
as for all public or municipal moneys which may be paid to 
them. 

Sec. 7. Three county commissioners and three county audi- 
tors shall be elected in each county where such officers are 
chosen, in the year one thousand eight hundred and seventy- 
five and every third year thereafter; and in the election of said 
officers each qualified elector shall vote for no more than two 
persons, and the three persons having the highest number of 
votes shall be elected; any casual vacancy in the office of county 
commissioner or county auditor shall be filled by the court of 
common pleas of the county in which such vacancy shall occur, 
by the appointment of an elector of the proper county who 
shall have voted for the commissioner or auditor whose place is 
to be filled. 

ARTICLE XV. 

CITIES AND CITY CHARTERS. 

Sec. 1. Cities may be chartered whenever a majority of the 
electors of any town or borough having a population of at least 
ten thousand shall vote at any general election in favor of the 
same. 

Sec. 2. No debt shall be contracted or liability incurred by 
any municipal commission, except in pursuance of an appro- 
priation previously made therefor by the municipal government. 

Sec. 3. Every city shall create a sinking fund, which shall 
be inviolably pledged for the payment of its funded debt. 

ARTICLE XVI. 

PRIVATE CORPORATIONS. 

Sec. 1. All existing charters, or grants of special or exclusive 
privileges, under which a bona fide organization shall not have 
taken place and business been commenced in good faith, at the 
time of the adoption of this Constitution, shall thereafter have 
no validity. 

Sec. 2. The General Assembly shall not remit the forfeiture 
of the charter of any corporation now existing, or alter or 
amend the same, or pass any other general or special law for 
the benefit of such corporation, except upon the condition that 
such corporation shall thereafter hold its charter subject to the 
provisions of this Constitution. 

Sec. 3. The exercise of the right of eminent domain shall 
never be abridged or so construed as to prevent the General 
Assembly from taking the property and franchises of incor- 
porated companies, and subjecting them to public use, the same 
as the property of individuals : and the exercise of the police 



CONSTITUTION OF PENNSYLVANIA. XXXV 

power of the State shall never be abridged or so construpd as to 
permit corporations to conduct their business in such manner 
as to infringe the equal rights of individuals or the general 
well-being of the State. 

Sec. 4. In all elections for directors, or managers of a cor- 
poration each member or shareholder may cast the whole 
number of his votes for one candidate, or distribute them upon 
two or more candidates, as he may prefer. 

Sec. 5. No foreign corporation shall do any business in this 
State without having one or more known places of business 
and an authorized agent or agents in the same upon whom 
process may be served. 

Sec. 6. No corporation shall engage in any business other 
than that expressly authorized in its charter, nor shall it take 
or hold any real estate except such as may be necessary and 
proper for its legitimate business. 

Sec. 7. No corporation shall issue stocks or bonds except 
for money, labor done, or money or property actually received ; 
and all fictitious increase of stock or indebtedness shall be void. 
The stock and indebtedness of corporations shall not be 
increased except in pursuance of general law, nor without the 
consent of the persons holding the larger amount in value of 
the stock first obtained at a meeting to be held after sixty 
days notice given in pursuance of law. 

Sec. 8. Municipal and other corporations and individuals 
invested with the privilege of taking private property for pub- 
lic use shall make just compensation for property taken, injur- 
ed or destroyed by the construction or enlargement of their 
works, highways or improvements, w T hich compensation shall 
be paid or secured before such taking, injury or destruction. 
The General Assembly is hereby prohibited from depriving any 
person of an appeal from any preliminary assessment of dam- 
ages against any such corporations or individuals made by 
viewers or otherwise ; and the amount of such damages in ail 
cases of appeal shall, on the demand of either party, be deter- 
mined by a jury, according to the course of the common law. 

Sec. 9. Every banking law shall provide for the registry 
and countersigning, by an officer of the State, of all notes or 
bills designed for circulation, and that ample security to the 
full amount thereof shall be deposited with the Auditor Gen- 
eral for the redemption of such notes or bills. 

Sec. 10. The General Assembly shall have the power to 
alter, revoke or annul any charter of incorporation now exist- 
ing and revocable at the adoption of this Constitution, or any 
that may hereafter be created, whenever, in their opinion it 
may be injurious to the citizens of this Commonwealth,- in 
such manner, however, that no injustice shall be done to the 
corporators. No law hereafter enacted shall create, renew or 
extend the charter of more than one corporation. 

Sec. 11, No corporate body to possess banking and dis- 



XXXVI CONSTITUTION OF PENNSYLVANIA. 

counting privileges shall be created or organized in pursuance 
of any law without three months' previous public notice, at 
the place of the intended location, of the intention to apply 
for such privileges, in such manner as shall be prescribed 
by law, nor shall a charter for such privilege be granted for a 
longer period than twenty years. 

Sec. 12. Any association or corporation, organized for the 
purpose, or any individual, shall have the right to construct 
and maintain lines of telegraph within this State, and to con- 
nect the same with other lines, and the General Assembly 
shall, by general law of uniform operation, provide reasonable 
regulations to give full effect to this section. No telegraph 
company shall consolidate with, or hold a controlling interest 
in, the stock or bonds of any other telegraph company owning 
a competing line or acquire, by purchase or otherwise, any 
other competing line of telegraph. 

Sec. 13. The term " corporations/ 7 as used in this article, 
shall be construed to include all joint stock companies or as- 
sociations having any of the powers, or privileges of corpora- 
tions, not possessed by individuals or partnerships. 



ARTICLE XVII. 

RAILROADS AND CANALS. 

Sec 1. All railroads and canals shall be public highways, 
and all railroad and canal companies shall be common carriers. 
Any association or corporation, organized for the purpose, shall 
have the right to construct and operate a railroad between any 
points within this State, and to connect at the State line with 
railroads of other States. Every railroad company shall have 
the right with its road to intersect, connect with, or cross, any 
other railroad; and shall receive and transport each the 
other's passengers, tonnage, and cars, loaded or empty, with- 
out delay or discrimination. 

Sec. 2. Every railroad and canal corporation organized in 
this State, shall maintain an office therein, where transfers of 
its stock shall be made, and where its books shall be kept for 
inspection by any stockholder or creditor of such corporation, 
in which shall be recorded the amount of capital stock sub- 
scribed, or paid in, and by whom, the names of the owners of 
its stock, and the amounts owned by them, respectively, the 
transfers of said stock, and the names and places of residence 
of its officers. 

Sec. 3. All individuals, associations, and corporations shall 
have equal right to have persons and property transported over 
railroads and canals, and no undue or unreasonable discrimi- 
nation shall be made in charges for, or in facilities for, trans- 
portation of freight or passengers within this State, or coming 



CONSTITUTION OF PENNSYLVANIA. XXXVII 

from or going to any other State. Persons and property trans- 
ported over any railroad, shall be delivered at any station, at 
charges not exceeding the charges for transportation of persons 
and property of the same class, in the same direction, to any 
more distant station ; but excursion and commutation tickets 
may be issued at special rates. 

Sec. 4. No railroad, canal or other corporation, or the 
lessees, purchasers, or managers of any railroad or canal cor- 
poration, shall consolidate the stock, property, or franchises of 
such corporation with, or lease or purchase the works, or 
franchises of, or in any way control any other railroad or canal 
corporation, owning, or having under its control, a parallel or 
competing line ; nor shall any officer of such railroad or canal 
corporation act as an officer of any other railroad or canal cor- 
poration, owning, or having the control of a parallel or com- 
peting line ; and the question whether railroads or canals are 
parallel or competing lines shall, when demanded by the party 
complainant, be decided by a jury as in other civil issues. 

Sec. 5. No incorporated company doing the business of a 
common carrier shall, directly or indirectly, prosecute or 
engage in mining or manufacturing articles for transportation 
over its works ; nor shall such company, directly or indirectly, 
engage in any other business than that of common carriers, or 
hold or acquire lands, freehold or leasehold, directly or indirect- 
ly, except such as shall be necessary for carrying on its business ; 
but any mining or manufacturing company may carry the 
products of its mines and manufactories on its railroad or canal 
not exceeding fifty miles in length. 

Sec. 6. No president, director, officer, agent, or employe of 
any railroad or canal company shall be interested, directly or 
indirectly, in the furnishing of material or supplies to such 
company, or in the business of transportation as a common 
carrier of freight or passengers over the works owned, leased, 
controlled, or worked by such company. 

Sec. 7. No discrimination in charges or facilities for trans- 
portation shall be made between transportation companies and 
individuals, or in favor of either, by abatement, drawback, or 
otherwise, and no railroad or canal company, or any lessee, 
manager, or employe thereof, shall make any preferences in 
furnishing cars or motive power. 

Sec. 8. No railroad, railway, or other transportation com- 
pany shall grant free passes, or passes at a discount, to any 
person except officers or employes of the company. 

Sec. 9. No street passenger railway shall be constructed 
within the limits of any city, borough or township, without 
the consent of its local authorities. 

Sec. 10. No railroad, canal or other transportation company, 
in existence at the time of the adoption of this article, shall 
have the benefit of any future legislation by general or special 



XXXviii CONSTITUTION OF PENNSYLVANIA. 

laws, except on condition of complete acceptance of all the 
provisions of this article. 

Sec. 11. The existing powers and duties of the Auditor 
General in regard to railroads, canals and other transportation 
companies, except as to their accounts, are hereby transferred 
to the Secretary of Internal Affairs, who shall have a general 
supervision over them, subject to such regulations and altera- 
tions as shall be provided by law; and in addition to the 
annual reports now required to be made, said Secretary may 
require special reports at any time upon any subject relating to 
the business of said companies from any officer or officers 
thereof. 

Sec. 12. The General Assembly shall enforce by appropriate 
legislation the provisions of this article. 

ARTICLE XVIII. 

FUTURE AMENDMENTS. 

Sec. 1 . Any amen dment or amendments to this Constitution 
may be proposed in the Senate or House of Representatives ; 
and if the same shall be agreed to by a majority of the members 
elected to each House, such proposed amendment or amend- 
ments shall be entered on their journals with the yeas and 
nays taken thereon, and the Secretary of the Commonwealth 
shall cause the same to be iDublished three months before the 
next general election, in at least two newspapers in every 
county in which such newspapers shall be published ; and if, 
in the General Assembly next afterwards chosen, such pro- 
posed amendment or amendments shall be agreed to by a 
majority of the members elected to each House, the Secretary 
of the Commonwealth shall cause the same again to be pub- 
lished in the manner aforesaid ; and such proposed amendment 
or amendments shall be submitted to the qualified electors of 
the State in such manner and at such time, at least three 
months after being so agreed to by the two Houses, as the 
General Assembly shall prescribe ; "and, if such amendment or 
amendments shall be approved by a majority of those voting 
thereon, such amendment or amendments shall become a part 
of the Constitution ; but no amendment or amendments shall 
be submitted oftener than once in five years. When two or 
more amendments shall be submitted they shall be voted upon 
separately. 




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Constitution of the United States. 



PREAMBLE. 



" We, the People of the United States, in order to form a 
more perfect union, establish justice, insure domestic tranquil- 
lity, provide for the common defense, promote the general wel- 
fare, and secure the blessings of liberty to ourselves and our 
posterity, do ordain and establish this Constitution for the 
United States of America." 



ARTICLE I. 

Sec. 1. All legislative powers herein granted shall be vested 
in a Congress of the United States, which shall consist, of a 
Senate and House of Representatives. 

Sec. 2. The House of Representatives shall be composed of 
members chosen every second year by the people of the several 
States, and the electors in each State shall have the qualifica- 
tions requisite for electors of the most numerous branch of the 
State Legislature. 

No person shall be a representative who shall not have at- 
tained to the age of twenty-five years, and been seven years a 
citizen of the United States, and who shall not, when elected, 
be an inhabitant of that State in which he shall be chosen. 

Representatives and direct taxes shall be apportioned among 
the several States which may be included within this Union, 
according to their respective numbers, which shall be deter- 
mined by adding to the whole number of free persons, includ- 
ing those bound to service for a term of years, and excluding 
Indians not taxed, three-fifths of all other persons. The actual 
enumeration shall be made within three years after the first 
meeting of the Congress of the United States, and within every 
subsequent term of ten years, in such manner as they shall by 
law direct. The number of representatives shall not exceed 
one for every thirty thousand, but each State shall have at 
least one representative : and until such enumeration shall be 



XLII CONSTITUTION OF THE UNITED STATES. 

made, the State of New Hampshire shall be entitled to choose 
three ; Massachusetts, eight ; Rhode Island and Providence 
Plantations, one ; Connecticut, five ; New York, six ; New 
Jersey, four ; Pennsylvania, eight ; Delaware, one ; Maryland, 
six ; Virginia, ten ; North Carolina, five ; South Carolina, five ; 
and Georgia, three. 

When vacancies happen in the representation from any State, 
the executive authority thereof shall issue writs of election to 
fill such vacancies. 

The House of Representatives shall choose their Speaker, 
and other officers ; and shall have the sole power of impeach- 
ment. 

Sec. 3. The Senate of the United States shall be composed 
of two senators from each State, chosen by the Legislature 
thereof, for six years ; and each senator shall have one vote. 

Immediately after they shall be assembled in consequence of 
the first election, they shall be divided as equally as may be in- 
to three classes. The seats of the senators of the first class shall 
be vacated at the expiration of the second year ; of the second 
class, at the expiration of the fourth year ; of the third class, 
at the expiration of the sixth year, so that one-third may be 
chosen every second year ; and if vacancies happen by resigna- 
tion, or otherwise, during the recess of the Legislature of any 
State, the executive thereof may make temporary appoint- 
ments until the next meeting of the legislature, which shall 
then fill such vacancies. 

No person shall be a senator who shall not have attained to 
the age of thirty years, and been nine years a citizen of the 
United States, and who. shall not, when elected, be an inhabi- 
tant of that State for which he shall be chosen. 

The Vice-President of the United States shall be president 
of the Senate, but shall have no vote, unless they be equally 
divided. 

The Senate shall choose their other officers, and also a presi- 
dent pro tempore, in the absence of the Vice-President, or when 
he shall exercise the office of President of the United States. 

The Senate shall have the sole power to try all impeachments. 
When sitting for that purpose, they shall be on oath or affirma- 
tion. When the President of the United States is tried, the 
Chief- Justice shall preside : and no person shall be convicted 
without the concurrence of two-thirds of the members present. 

Judgment in cases of impeachment shall not extend further 
than to removal from office, and disqualification to hold and 
enjoy any office of honor, trust, or profit under the United 
States ; but the party convicted shall nevertheless be liable and 
subject to indictment, trial, judgment, and punishment, ac- 
cording to law. 

Sec. 4. The times, places, and manner of holding elections 
for senators and representatives shall be prescribed in each State 
by the Legislature thereof ; but the Congress may at any time, 



CONSTITUTION OF THE UNITED STATES. XLIII 

by law, make or alter such regulations, except as to the places 
of choosing senators. 

The Congress shall assemble at least once in every year, and 
such meeting shall be on the first Monday in December, unless 
they shall by law appoint a different day. 

Sec. 5. Each house shall be the judge of the elections, re- 
turns, and qualifications of its own members, and a majority 
of each shall constitute a quorum to do business ; but a smaller 
number may adjourn from day to day, and may be authorized 
to compel the attendance of absent members, in such manner, 
and under such penalties, as each house may provide. 

Each house may determine the rules of its proceedings, pun- 
ish its members for disorderly behavior, and, with the concur- 
rence of two-thirds, expel a member. 

Each house shall keep a journal of its proceedings, and from 
time to time publish the same, excepting such parts as may in 
their judgment require secrecy, and the yeas and nays of the 
members of either house on any question shall, at the desire of 
one-fifth of those present, be entered on the journal. 

Neither house, during the session of Congress, shall, without 
the consent of the other, adjourn for more than three days, nor 
to any other place than that in which the two houses shall be 
sitting. 

Sec. 6. The senators and representatives shall receive a 
compensation for their services, to be ascertained by law, and 
paid out of the treasury of the United States. They shall in 
all cases, except treason, felony, and breach of the peace, be privi- 
leged from arrest during their attendance at the session of their 
respective houses, and in going to and returning from the same; 
and for any speech or debate in either house, they shall not be 
questioned in any other place. 

No senator or representative shall, during the time for which 
he was elected, be appointed to any civil office under the author- 
ity of the United States, which shall have been created, or the 
emoluments whereof shall have been increased, during such 
time ; and no person holding any office under the United States, 
shall be a member of either house during his continuance in 
office. 

Sec. 7. All bills for raising revenue shall originate in the 
House of Representatives ; but the Senate may propose or con- 
cur with amendments as on other bills. 

Every bill which shall have passed the House of Represen- 
tatives and the Senate, shall, before it becomes a law, be pre- 
sented to the President of the United States ; if he approve, he 
shall sign it, but if not, he shall return it, with his objections, 
to that house in which it shall have originated, who shall enter 
the objection at large on their journal, and proceed to recon- 
sider it. If after such reconsideration, two-thirds of that house 
shall agree to pass the bill, it shall be sent, together with the 
objections, to the other house, by which it shall likewise be re- 



XLIV CONSTITUTION OF THE UNITED STATES, 

considered, and if approved by two-thirds of that house, it 
shall become a law. But in all such cases the votes of both 
nouses shall be determined by yeas and nays, and the names of 
the persons voting for and against the bill shall be entered on 
the journal of each house respectively. If any bill shall not be 
returned by the President within ten days (Sunday excepted) 
after it shall have been presented to him, the same shall be a 
law, in like manner as if he had signed it, unless the Congress 
by their adjournment prevent its return, in which case it shall 
not be a law. 

Every order, resolution, or vote to which the concurrence of 
the Senate and House of Representatives may be necessary 
(except on a question of adjournment) shall be presented to 
the President of the United States ; and before the same shall 
take effect, shall be approved by him, or being disapproved by 
him, shall be repassed by two-thirds of the Senate and House 
of Representatives, according to the rules and limitations pre- 
scribed in the case of a bill. 

Sec. 8. The Congress shall have power to lay and collect 
taxes, duties, imposts, and excises, to pay the debts and pro- 
vide ior the common defence and general w r elfare of the United 
States; but all duties, imposts, and excises shall be uniform 
throughout the United States ; 

To borrow money on the credit of the United States ; 

To regulate commerce with foreign nations, and among the 
several States, and with the Indian tribes ; 

To establish a uniform rule of naturalization, and uniform 
laws on the subject of bankruptcies throughout the United 
States. 

To coin money, regulate the value thereof, and of foreign 
coin, and fix the standard of weights and measures ; 

To provide for the punishment of counterfeiting the securi' 
ties and current coin of the United States ; 

To establish post-offices and post-roads ; 

To promote the progress of science and useful arts, by secur- 
ing, for limited times, to authors and inventors the exclusive 
right to their respective writings and discoveries ; 

To constitute tribunals inferior to the Supreme Court ; 

To define and punish piracies and felonies committed on the 
high seas, and offences against the law of nations ; 

To declare war, grant letters of marque and reprisal, and 
make rules concerning captures on land and water ; 

To raise and support armies, but no appropriation of money 
to that use shall be for a longer term than two years ; 

To provide and maintain a navy ; 

To make rules for the government and regulation of the land 
and naval forces ; 

To provide for calling forth the militia to execute the laws of 
the Union, suppress insurrections and repel invasions. 

To provide for organizing, arming and disciplining the militia 
and for governing such part of them as may be employed in the 



CONSTITUTION OF THE UNITED STATES XLTf 

service of the United States, reserving to the. States respectively 
the appointment of the officers, and the authority of training 
the militia according to the discipline prescribed by Congress ; 

To exercise exclusive legislation in all cases whatsoever over 
such district (not exceeding ten miles square) as may, by ces- 
sion of particular States, and the acceptance of Congress, become 
the seat of the government of the United States, and to exer- 
cise like authority over all places purchased by the consent of 
the Legislature of the State in which the same shall be, for the 
erection of forts, magazines, arsenals, dockyards, and other 
needful buildings ; — and 

To make all laws which shall be necessary and proper for 
carrying into execution the foregoing powers, and all other 
powers vested by this Constitution in the government of the 
United States, or in any department or officer thereof. 

Sec. 9. The migration or importation of such persons as any 
of the States now existing shall think proper to admit, shall 
not be prohibited by the Congress prior to the year one thous- 
and eight hundred and eight, but a tax or duty may be imposed 
on such importation, not exceeding ten dollars for each person. 

The privilege of the writ of habeas corpus shall not be sus- 
pended, unless when in cases of rebellion or invasion the public 
safety may require it. 

No bill of attainder or ex-post-facto law shall be passed. 

No capitation or other direct tax shall be laid, unless in pro- 
portion to the census or enumeration herein before directed to 
be taken. 

No tax or duty shall be laid on articles exported from any 
State. 

No preference shall be given by any regulation of commerce 
or revenue to the ports of one State over those of another ; nor 
shall vessels bound to, or from, one State, be obliged to enter, 
clear, or pay duties in another. 

No money shall be drawn from the treasury but in conse- 
quence of appropriations made by law ; and a regular state- 
ment and account of the receipts and expenditures of all public 
money shall be published from time to time. 

No title of nobility shall be granted by the United States : 
and no person holding any office of profit or trust under them, 
shall, without the consent of the Congress, accept of any pres- 
ent, emolument, office, or title, of any kind whatever, from any 
king, prince, or foreign state. 

Sec. 10. No State shall enter into any treaty, alliance, or 
confederation ; grant letters of marque and reprisal ; coin money; 
emit bills of credit ; make anything but gold and silver coin a 
tender in payment of debts ; pass any bill of attainder, ex-post- 
facto law, or law impairing the obligation of contracts, or grant 
any title of nobility. 

No State shall, without the consent of the Congress, lay any 
impost or duties on imports or exports, except what may be aV- 



XLVI CONSTITUTION OF THE UNITED STATES. 

solutely necessary for executing its inspection laws ; and the 
net produce of all duties and impost, laid by any State on im- 
ports or exports, shall be for the use of the treasury of the 
United States ; and all such laws shall be subject to the re- 
vision and control of the Congress. 

No State shall, without the consent of Congress, lay any 
duty of tonnage, keep troops, or ships-of-war, in time of peace, 
enter into any agreement or compact with another State, or 
with a foreign power, or engage in war, unless actually in- 
vaded, or in such imminent danger as will not admit of delay. 

ARTICLE II. 

Sec. 1. The executive power shall be vested in a President 
of the United States of America. He shall hold his office dur- 
ing the term of four years, and, together with the Vice-Presi- 
dent, chosen for the same term, be elected, as follows : 

Each State shall appoint, in such manner as the Legislature 
thereof may direct, a number of electors, equal to the whole 
number of senators and representatives to which the State may 
be entitled in the Congress ; but no senator or representative, 
or person holding any office of trust or profit under the United 
States, shall be appointed an elector. 

[The electors shall meet in their respective States, and vote 
by ballot for two persons, of whom one at least shall not be an 
inhabitant of the same State with themselves. And they shall 
make a list of all the persons voted for, and of the number of 
votes for each ; which list they shall sign and certify and trans- 
mit sealed to the seat of the government of the United States, 
directed to the president of the Senate. The president of the 
Senate shall, in the presence of the Senate and House of Rep- 
resentatives, open all the certificates, and the votes shall then 
be counted. The person having the greatest number of votes 
shall be the President, if such number be a majority of the 
whole numbor of electors appointed ; and if there be more than 
one who have such majority, and have an equal number of 
votes, then the House of Representatives shall immediately 
choose by ballot one of them for President ; and if no person 
have a majority, then from the five highest on the list the said 
house shall, in like manner, choose the President. But in 
choosing the president, the votes shall be taken by States, the 
representation from each State having one vote ; a quorum for 
this purpose shall consist of a member or members from two- 
thirds of the States, and a majority of all the States shall be 
necessary to a choice. In every case, after the choice of the 
President, the person having the greatest number of votes of 
the electors shall be the Vice-President. But if there should 
remain two or more who have equal votes, the Senate shall 
choose from them by ballot the Vice-President.] 



CONSTITUTION OF THE UNITED STATES. XLVII 

The Congress may determine the time of choosing the elec- 
tors, and the day on which they shall give their votes ; which 
day shall be the same throughout the United States. 

No person except a natural born citizen, or a citizen of the 
United States at the time of the adoption of this Constitution, 
shall be eligible to the office of President ; neither shall any 
person be eligible to that office who shall not have attained to 
the age of thirty-five years, and been fourteen years resident 
within the United States. 

In case of the removal of the President from office, or of his 
death, resignation, or inability to discharge the powers and 
duties of the said office, the same shall devolve on the Vice- 
President, and the Congress may by law provide for the case 
of removal, death, resignation, or inability, both of the Presi- 
dent and Vice-President, declaring what officer shall then act 
as President ; and such officer shall act accordingly until the 
disability be removed, or a President shall be elected. 

The President shall, at stated times, receive for his services a 
compensation wiiich shall neither be increased nor diminished 
during the period for which he shall have been elected, and he 
shall not receive within that period any other emolument from 
the United States, or any of them. 

Before he enter on the execution of his office, he shall take 
the following oath or affirmation : — " I do solemnly swear (or 
affirm) that I will faithfully execute the office of President of 
the United States, and will, to the best of my ability, preserve, 
protect, and defend the Constitution of the United States." 

Sec. 2. The President shall be commander-in-chief of the 
army and navy of the United States, and of the militia of the 
several States, when called into the actual service of the United 
States ; he may require the opinion, in writing, of the princi- 
pal officer in each of the executive departments, upon any sub- 
ject relating to the duties of their respective offices ; and he 
shall have power to grant reprieves and pardons for offenses 
against the United States, except in cases of impeachment. 

He shall have power, by and with the advice and consent of 
the Senate, to make treaties, provided two-thirds of the senators 
present concur ; and he shall nominate, and by and with the 
advice and consent of the Senate shall appoint ambassadors, 
other public ministers and consuls, judges of the Supreme 
Court, and all other officers of the United States, whose ap- 
pointments are not herein otherwise provided for, and which 
shall be established by law : but the Congress may by law vest 
the appointment of such inferior officers, as they think proper, 
in the President alone, in the courts of law, or in the heads of 
departments. 

The President shall have power to fill up all vacancies that 
may happen during the recess of the Senate, by granting com- 
missions which shall expire at the end of their next session. 

Sec. 3. He shall from time to time give to the Congress in- 



XLVHI CONSTITUTION OF THE UNITED STATES. 

formation of the state of the Union, and recommend to their 
consideration such measures as he shall judge necessary and 
expedient ; he may, on extraordinary occasions, convene both 
houses, or either of them, and in case of disagreement be- 
tween them with respect to the time of adjournment, he may 
adjourn them to such time as he shall think proper ; he shall 
receive ambassadors and other public ministers ; he shall take 
care that the laws be faithfully executed, and shall commission 
all the officers of the United States. 

Sec. 4. The President, Vice-President, and all civil officers 
of the United States, shall be removed from office on impeach- 
ment for, and conviction of. treason, bribery, or other high 
crimes and misdemeanors. 



ARTICLE III. 

Sec. 1, The judicial power of the United States shall be 
vested jsn one Supreme Court, and in such inferior courts as the 
Congress may from time to time ordain and establish. The 
judges, both of the Supreme and inferior courts, shall hold 
their offices during good behavior, and shall, at stated times, 
receive for their services a compensation which shall not be di- 
minished during their continuance in office. 

Sec. 2. The judicial power shall extend to all cases, in law 
and equity, arising under this Constitution, the laws of the 
United States, and treaties made, or which shall be made, un- 
der their authority; — to all cases affecting ambassadors, other 
public ministers, and consuls; — to all cases of admiralty and 
maritime jurisdiction; — to controversies to which the United 
States shall be a party; — to controversies between two or 
more States; — between a State and citizens of another State; 
— between citizens of different States; — between citizens of the 
same State claiming lands under grants of different States, and 
between a State, or the citizens thereof, and foreign states, citi- 
zens or subjects. 

In all cases affecting ambassadors, other public ministers and 
consuls, and those in which a State shall be party, the Supreme 
Court shall have original jurisdiction. In all other cases before 
mentioned, the Supreme Court shall have appellate jurisdiction, 
both as to law and fact, with such exceptions and under such 
regulations as the congress shall make. 

The trial of all crimes, except in cases of impeachment, shall 
be by jury ; and such trial shall be held in the State where the 
said crimes shall have been committed ; but when not com- 
mitted within any State, the trial shall be at such place or 
places as the Congress may by law have directed. 

SeCo 3. Treason against the United States shall consist only 
in levying war against them, or in adhering to then* enemies, 
giving them aid and comfort. 



CONSTllOTION Q* THE UNITED STATE8. XLIX 

No person shall be convicted of treason unless on the testi- 
mony of two witnesses to the same overt act, or on confession 
in open court. 

The Congress shall have power to declare the punishment of 
treason, but no attainder ot treason shall work corruption of 
blood, or forfeiture, except during the life of the person at- 
tainted. 

ARTICLE IV. 

Sec. 1. Full faith and credit shall be given in each State to 
the public acts, records, and judicial proceedings of every other 
State. And the Congress may by general laws, prescribe the 
manner in which such acts, records, and proceedings shall be 
proved, and the effect thereof. 

Sec. 2. The citizens of each State shall be entitled to all 
privileges and immunities of citizens in the several States. 

A person charged in any State with treason, felony, or other 
crime, who shall flee from justice, and be found in another 
State, shall, on demand of the executive authority of the State 
from which he fled, be delivered up, to be removed to the State 
having jurisdiction of the crime. 

No person held to service or labor in one State, under the 
laws thereof, escaping into another, shall, in consequence of 
any law or regulation therein, be discharged from such service 
or labor, but shall be delivered up on claim of the party to 
whom such service or labor may be due. 

Sec. 3. New States may be admitted by the Congress into 
this Union ; but no new State shall be formed or erected 
within the jurisdiction of any other State ; nor any State be 
formed by the junction of two or more States, or parts of 
States, without the consent of the Legislatures of the States 
concerned as well as of the Congress. 

The Congress shall have power to dispose of and make all 
needful rules and regulations respecting the territory or other 
property belonging to the United States ; and nothing in this 
Constitution shall be so construed as to prejudice any claims of 
the United States, or of any particular State. 

Sec. 4. The United States shall guarantee to every State in 
this Union a republican form of government, and shall protect 
each of them against invasion, and on application of the Leg- 
islature, or of the Executive (when the Legislature cannot be 
convened) against domestic violence. 

ARTICLE V. 

The Congress, whenever two-thirds of both houses shall 
deem it necessary, shall propose amendments to this Constitu- 
tion, or, on the application of the Legislatures of two-thirds of 
the several States, shall call a convention for proposing amend- 
ments, which, in either case, shall be valid to all intents and 



L CONSTITUTION OF THE UNITED STATES. 

purposes, as part of this Constitution, when ratified by the 
Legislatures of three-fourths of the several States, or by con- 
ventions in three-fourths thereof, as the one or the other mode 
of ratification may be proposed by the Congress ; provided that 
no amendment which may be made prior to the year one 
thousand eight hundred and eight shall in any manner affect 
the first and fourth clauses in the ninth section of the first 
article ; and that no State, without its consent, shall be de- 
prived of its equal suffrage in the Senate. 



ARTICLE VI. 

All debts contracted, and engagements entered into, before 
the adoption of this Constitution, shall be as valid against the 
United States under this Constitution, as under the confedera- 
tion. 

This Constitution, and the laws of the United States which 
shall be made in pursuance thereof ; and all treaties made, or 
which shall be made, under the authority of the United States, 
shall be the supreme law of the land ; and the judges in every 
State shall be bound thereby, anything in the Constitution or 
laws of any State to the contrary notwithstanding. 

The senators and representatives before mentioned, and the 
members of the several State Legislatures, and all executive 
and judicial officers, both of the United States and of the sev- 
eral States, shall be bound by oath or affirmation to support 
this Constitution ; but no religious test shall ever be required 
as a qualification to any office or public trust under the United 
States. 



ARTICLE VII. 

The ratification of the Conventions of nine States shall be suf- 
ficient for the establishment of this Constitution between the 
States so ratifying the same. 

Done in conventions, by the unanimous consent of the 
States present, the seventeenth day of September, in 
the year of our Lord one thousand seven hundred 
and eighty-seven, and of the independence of the 
United States of America the twelfth. 

In witness whereof, we have hereunto subscribed our 
names. 

GEORGE WASHINGTON, 
President , and Deputy from Virginia,, 



CONSTITUTION OF THE UNITED STATES. 



LI 



NEW HAMPSHIRE. 
John Lanodon, 
Nicholas Gilman. 

MASSACHUSETTS. 

Nathaniel Gorham, 
Rufus King. 

CONNECTICUT. 
William Samuel Johnson, 
Roger Sherman. 



NEW YORK. 
Alexander Hamilton. 

NEW JERSEY. 
William Livingston, 
David Brearley, 
William Paterson, 
Jonathan Dayton. 

PENNSYLVANIA. 
Benjamin Franklin, 
Thomas Mifflin, 
Robert Morris, 
George Clymer, 
Thomas Fitzsimons, 
Jared Ingersoll, 
James Wilson, 
gouverneur morris. 
Attest: 



DELAWARE. 

George Read, 
Gunning Bedford, Jr., 
John Dickinson, 
Richard Bassett, 
Jacob Broom. 

MARYLAND. 
James M'Henry, 
Daniel of St. Thomas 

Jenifer. 
Daniel Carroll. 

VIRGINIA. 

John Blair, 
James Madison, Jr. 

NORTH CAROLINA. 
William Blount, 
Richard Dobbs Spaight, 
Hugh Williamson. 

SOUTH CAROLINA. 
John Rutledge, 
Charles C. Pinckney, 
Charles Pinckney, 
Pierce Butler. 



GEORGIA. 
William Few, 
Abraham Baldwin. 
WILLIAM JACKSON, Secretary. 



AMENDMENTS. 

Article I. — Congress shall make no law respecting an estab- 
lishment of religion, or prohibiting the free exercise thereof ; or 
abridging the freedom of speech, or of the press ; or the right 
of the people peaceably to assemble, and to petition the govern- 
ment for redress of grievances. 

Article II. — A well-regulated militia, being necessary to 
the security of a free State, the right of the people to keep and 
bear arms shall not be infringed. 

Article III. — No soldier shall, in time of peace, be quar- 
tered in any house, without the consent of the owner, nor in 
time of war, but in a manner to be prescribed by law. 

Article IV. — The right of the people *o be secure in their 



L1I CONSTITUTION OF THE UNITED STATES. 

persons, houses, papers, and effects, against unreasonable 
searches and seizures, shall not be violated, and no warrants 
shall issue, but upon probable cause, supported by oath or af- 
firmation, and particularly describing the place to be searched, 
and the person or things to be seized. 

Article V.— No person shall be held 'to answer for a capi- 
tal, or otherwise infamous crime, unless on a presentment or 
indictment of a grand jury, except in cases arising in the land 
or naval forces, or in the militia, when in actual service in time 
of war and public danger ; nor shall any person be subject for 
the same offense to be twice put in jeopardy of life or limb ; 
nor shall be compelled in any criminal case to be a witness 
against himself, nor to be deprived of life, liberty, or property, 
without due process of law ; nor shall private property be taken 
for public use, without just compensation. 

Article VI. — In all criminal prosecutions, the accused shall 
enjoy the right to a speedy and public trial, by an impartial 
jury of the State and district wherein the crime shall have been 
committed, which district shall have been previously ascer- 
tained by law, and to be informed of the nature and cause of the 
accusation; to be confronted with the witnesses against him; 
to have compulsory process for obtaining witnesses in his favor, 
and to have the assistance of counsel for his defense. 

Article VII. — In suits at common law, where the value in 
controversy shall exceed twenty dollars, the right of trial by 
jury shall be preserved, and no fact tried by a jury shall be 
otherwise re-examined in any court of the United States than 
according to the rules of common law. 

Article VIII. — Excessive bail shall not be required, nor 
excessive fines imposed, nor cruel and unusual punishments 
inflicted. 

Article IX. — The enumeration in the Constitution of cer- 
tain rights shall not be construed to deny or disparage others 
retained by the people. 

Article X. — The powers not delegated to the United States 
by the Constitution, nor prohibited by it to the States, are re- 
served to the States respectively, or to the people. 

Article XI. — The judicial power of the United States shall 
not be construed to extend to any suit in law or equity, com- 
menced or prosecuted against any of the United States by citi- 
zens of another State, or by citizens or subjects of any foreign 
state. 

Article XII. — The electors shall meet in their respective 
States, and vote by ballot for President and Vice-President, 
one of whom, at least, shall not be an inhabitant of the same 
State with themselves ; they shall name in their ballots the 
person voted for as President, and in distinct ballots the person 
voted for as Vice-President ; and they shall make distinct lists 
of all persons voted for as President, and of all persons voted 
for as Vice-President, and of the number of votes for each, 



CONSTITUTION OF THE UNITED STATES. LIII 

which list they shall sign and certify, and transmit sealed to 
the seat of government of the United States, directed to the 
president of the Senate ; — the president of the Senate shall, in 
the presence of the Senate and House of Representatives, open 
all the certificates, and the votes shall then be counted ;— the 
person having the greatest number of votes for President, shall 
be the President, if such number be a majority of the whole 
number of electors appointed ; and if no person have such major- 
ity, then from the persons having the highest numbers not ex- 
ceeding three on the list of those voted for as President, the 
House of Representatives shall choose immediately, by ballot, 
the President. But in choosing the President, the votes shall 
be taken by States, the representation from each State having 
one vote ; a quorum for this purpose shall consist of a member 
or members from two-thirds of the States, and a majority of 
all the States shall be necessary to a choice. And if the House 
of Representatives shall not choose a President whenever the 
right of choice shall devolve upon them, before the fourth day 
of March next following, then the Vice-President shall act as 
President, as in the case of the death or other constitutional 
disability of the President. The person having the greatest 
number of votes as Vice-President, shall be the Vice-President, 
if such number be a majority of the whole number of electors 
appointed ; and if no person have a majority, then from the two 
highest numbers on the list, the Senate shall choose the Vice- 
President ; a quorum for the purpose shall consist of two-thirds 
of the whole number of senators, and a majority of the whole 
number shall be necessary to a choice. But no person consti- 
tutionally ineligible to the office of President shall be eligible 
to that of Vice-President of the United States. 

Article XIII. — Section 1. Neither slavery nor involun- 
tary servitude, except as a punishment for crime, whereof the 
party shall have been duly convicted, shall exist within the 
United States, or any place subject to their jurisdiction. 

Section 2. Congress shall have power to enforce this article 
by appropriate legislation. 

Article XIV. — Section 1. All persons born or naturalized 
in the United States, and subject to the jurisdiction thereof, are 
citizens of the United States and of the State wherein they re- 
side. No State shall make or enforce any law which shall 
abridge the privileges or immunities of citizens of the United 
States ; nor shall any State deprive any person of life, liberty, 
or property, without due process of law, nor deny to any person 
within itsjurisdiction the equal protection of the laws. 

Section 2. Representatives shall be appointed among the 
several States according to their respective numbers, counting 
the whole number of persons in each State, excluding Indians 
not taxed. But when the right to vote at any election for the 
choice of electors for President and Vice-President of the United 
States, representatives in Congress, the executive or judicial 



LIV CONSTITUTION OP THE UNITED STATES. 

officers of a State, or the members of the Legislature thereof, is 
denied to any of the male inhabitants of such State, being 
twenty-one years of age, and citizens of the United States, or 
in any way abridged, except for participation in rebellion or 
other crime, the basis of representation therein shall be reduced 
in the proportion which the number of such male citizens shall 
bear to the whole number of male citizens twenty-one years of 
age in such State. 

Section 3. No person shall be a senator or representative in 
Congress, or elector of President or Vice-President, or hold any 
office, civil or military, under the United States, or under any 
State, who having previously taken oath as a member of Con- 
gress, or as an officer of the United States, or as a member of 
any State Legislature, or as an executive or judicial officer of 
any State, to support the Constitution of the United States, 
shall have engaged in insurrection or rebellion against the same, 
or given aid or comfort to the enemies thereof. But Congress 
may, by a vote of two-thirds of each house remove such dis- 
ability. 

Section 4. The validity of the public debt of the United 
States, authorized by law, including debts incurred for payment 
of pensions and bounties for services in suppressing insurrection 
or rebellion , shall not be questioned. But neither the United 
States nor any State shall assume or pay any debt or obligation 
incurred in aid of insurrection or rebellion against the United 
States, or any claim for the loss or emancipation of any slave ; 
but all such debts, obligations, and claims shall be held illegal 
and void. 

Section 5. Congress shall have power to enforce, by appropri- 
ate legislation, the provisions of this article. 

Article XV. — Section 1 . The rights of citizens of the United 
States to vote shall not be denied or abridged by the United 
States, or by any State, on account of race, color, or previous 
condition of servitude. 

Section 2. Congress shall have power to enforce this article 
by appropriate legislation. 



INDEX. 



LV 



INDEX. 



Page. 

Acknowledgment 97 

Adjutant -General 54 

Administrator 97 

Admission of States 92, 93 

Aldermen 29 

Amendments to the U. S. 

Constitution 94, 95 

Appellate Court 90 

Articles of Confederation ... 77 

Assessors 19 

Attainder . . 97 

Attorney- General, State.... 51 
Attorney- General, U. S. . .87, 88 

Auditors, borough 26 

Auditors, county 42 

Auditors, township 23 

Auditor- General 52 

Australian Ballot Law 64 

Bail 98 

Bailiwick 98 

Baker Ballot Law 64 

Bills, how passed 47 

Bond 98 

Borough 25 

Burgess 25 

Cabinet 85 

Campaign 63 

Capital of Pennsylvania 16 

Caucus 98 

Chancery 98 

Charter of Privileges 13 

Charter 98 

Circuit Court 68, 90 

Cities, classification of 27 

Citizen 98 

Citizenship 91 

City, population required ... 27 

Civil Officers 99 

Civil Rights 99 

Clerk of the Courts 37 



Page. 
Clerk of the Orphan's Court. 37 

Constable 18 

Constitution , first State 

adopted 14 

Constitution, provisions of 

first State 15 

Constitutions, subsequent 

State 15, 16 

Constitution, U. S 78 

Consular Courts 91 

Contempt 99 

Continental Congress 77 

Contract 99 

Controller, city 29 

Controller, county .... 43 

Conventions 62 

Coroner 41 

Corporation 99 

Council, of a borough * 26 

Councils, of a city 28 

County 6 

County Commissioners . . .38, 39 

County Officers 32 

Counties, three original. .. .. 3 

Court of Claims 91 

Courts, county 32-35 

Court Martial 99 

Court of District of Colum- 
bia 90 

Crawford County System 63 

Cryer 99 

Declaration of Independ- 
ence 77 

Declaration of Rights 99 

Deed 99 

De facto 99 

Dejure 99 

Defaulter 100 

Department of Public Safety. 30 
Department of Public Works. 30 



LVI 



INDEX. 



Page. 

Deposition 100 

Directors of the Poor 41 

Direct Taxation 73, 80 

District Courts 68, 90 

District Attorney, county ... 40 

District Attorney, U. S 68 

Docket 100 

Dower 100 

Duress 100 

Elections, manner of hold- 
ing 64, 65 

Election Officers 24 

Electors 100 

Embezzlement 100 

Eminent Domain 99 

Execution 101 

Executor 101 

Executive Department, 

State 49 

Executive Department, U. S. 82 

Ex post facto law 100 

Factory Inspector 56 

Felony , 100 

Frame of Government 9-11 

Franchise 101 

Frank 101 

Franklin, on Penn's succes- 
sors 14 

Gaugers 74 

General Assembly, original.. 11 
General Assembly, pres- 
ent 45-48 

Governor 50 

Guardian 101 

Habeas Corpus 3 01 

Hard Labor 102 

High Seas 102 

House of Representatives, 

State 48 

House of Representatives, 

U. S 79-81 

Impanel 102 

Impeachment 79, 81, 102 

Indirect Taxation 73 

Incumbrance 102 

Indictment 102 

Injunction 103 

Insurance Commissioner. ... 56 
Internal Revenue 73, 74 



Page. 
w Jeopardy of Life and Limb". 103 

Judges, county , 33 

Judgment 103 

Judicial Department, State.. 57 
Judicial Department, U. S. .89-91 

Jury 34,35 

Jury Commissioners 42 

Justice of the Peace . . 17 

Keith, George 12 

Law, Common 103 

Law, Statute 103 

Legislative Department, 

State 45-49 

Legislative Department, 

U. S 78-82 

Letters Testamentary. ...... 103 

Libel 104 

Lieutenant-Governor ....... 51 

Magistrates 29 

Major 104 

Mail Matter Classified 71 

Marshal, Fire 30 

Marshal, U. S 69 

Mayor 27 

Mercantile Appraiser 43 

Minor 104 

Misdemeanor 104 

Mortgage 104 

Naturalization 91, 104 

Nolle prosequi 104 

Nominations 62 

Non compos mentis 104 

Notary Public 18 

Oath 104 

Offenses against Postal Laws . 70 

Overseers of the Poor 22 

Penn's Heirs 13 

Pennsylvania under Constitu - 

tional Government 14-16 

Pennsylvania under the 

Crown 12 

Perjury 105 

Personal Property 105 

Postmasters Classified 72 

Postmaster General 87 

Postal System 70-73 

Powers of Congress 81, 82 

Presentment 105 

President 82 



INDEX. 



LVII 



Page. 

Presidential Election S3-85 

Presidential Electors 83 

Presidential Succession 85 

Prima Facie 105 

Prothonotary 36 

Proxy 105 

Qualifications of a Voter. . . . 66 

Quo Warranto 1 05 

Quorum 1 05 

Real Property 105 

Receiver of Taxes 30 

Recorder of Deeds 38 

Register of Wills 37 

Requisition 92 

Revenue Collectors 74 

Rule of Court 106 

School Directors 21 

School Superintendent, city 

and borough 29 

School Superintendent, 

county 43 

Seal 106 

Search Warrant 1 06 

Secretary of Agriculture, 

State 56 

Secretary of Agriculture, 

IT. S 88 

Secretary of the Common- 
wealth 51 

Secretary of the Interior 87 

Secretary of Internal Af- 
fairs 52,53 

Secretary of the Navy 87 

Secretary of State 86 

Secretary of the Treasury ... 86 

Secretary of War 86 

Senate, State 48 

Senate, U. S 78,79 

Sheriff 35 

Sine die 106 

Sinking Fund 106 

Solicitor, city 29 

Solicitor, county 40 

State > , 7 



Page. 

State Government 45 

State Librarian 54 

Store-keeper 75 

Subpoena 106 

Suffrage 106 

Sumptuary Laws 106 

Superintendent of Banking.. 55 
Superintendent of Public 

Grounds and Buildings... . 55 
Superintendent of Public 

Instruction 53, 54 

Superintendent of Public 

Printing and Binding 55 

Superior Court 59, 60 

Supervisors 20 

Supreme Court, State 58, 59 

Supreme Court, U. S 89 

Surety 107 

Surveyor, borough 26 

Survevor, county 41 

Tax Collector 22 

Territorial Government 93 

Territorial Courts 90 

Township Clerk 23 

Township 2-6 

Townships, the original num- 
ber of 4 

Treasurer, borough ; 26 

Treasurer, city 29 

Treasurer, county 39, 40 

Treasurer, State 52 

True Bill 107 

United States 7 

United States Commission- 
ers 69 

United States Jurors 69 

Units of Government 1 

Veto of Bills 47 

Vice President 88 

Viva voce 107 

Waiver 107 

Weather Bureau 75, 88 

Writ of Error 107 

Yeas and Nays 107 



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(2) Pupil's Monthly Report Cards,. . {$,.00 per hundred 

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(3) The Teacher's Term Report Blank, 5 cts. per copy 

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.; . , nj - f Cloth, 50 cts. 

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(5) A New Life in Education, 90 cts. 

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STANDARD SCHOOL BOOKS 

A Grammar School Algebra— Durell & Robbins, - - $0.80 

A School Algebra— Durell & Robbins, 1.00 

A School Algebra Complete— Durell & Robbins, - - 1.25 

Elementary Practical Arithmetic— Durell & Robbins, - .35 

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A Mental Arithmetic— Weidenhamer, .35 

riensuration— Furst, .50 

The Primary Speller— Benedict, - - - - - - .20 

The Advanced Speller— Benedict, .25 

Primary Ideal Music Book— Sprenkle, - - - - - .35 

Advanced Ideal Music Book— Sprenkle, .... .60 

The New Ideal Copy Books, 75 

Outlines of General History— Flickmger, - .50 

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The Pennsylvania Citizen— Shimmell, .60 

Pacts in Literature — Meese, -3° 

Write for descriptive circulars and special introductory prices. 

R. L. MYERS & CO., Publishers 

HARRISBURQ, PENNSYLVANIA 



DEC 2 190! 



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